Q. Did you not one occasion see Becker-Freyseng in a prisoner of war camp?
A. I met him in Eibling, yes.
Q. And, did he tell you that Erhardt Milch knew all about the high altitude experiments conducted by Doctor Rascher in Dachau?
A. Becker-Freyseng told me that the Medical Inspectorate, that is, his office, in dealing with concentration camp experiments was by pressed; and that the Medical Inspectorate frequently had to try to prevent disaster.
Q. Did not Becker-Freyseng tell you that Erhardt Milch knew about the high altitude experiments at Dachau?
A. I cannot remember that exactly.
Q. Did he say anything about Erhardt Milch?
A. Yes, sir.
Q. What did he say?
A. That Milch had negotiated directly with Himmler regarding the execution of such experiments without consulting the Medical Inspectorate.
Q. I will ask you, witness, whether or not High Altitude problems are a matter which concerns a department for the Aviation Medical Inspectorate of the Luftwaffe. This is an aviation medicine problem, is it not?
A. The High Altitude Experiments, yes, certainly.
Q. Is the same thing tru of freezing problems?
A. Yes, certainly.
MR. McHANEY: I have no further questions."
The prosecution will now offer in evidence Document No. NOKW-041, which will be Prosecution Exhibit No. 113, and is on page 153 of the English and page 144 of the German Document Book. This document is an affidavit signed by Hermann Goering on the 27th of September 1946. Goering, of course, was Chief of the Luftwaffe. He described the duties of the Inspector Central of the Luftwaffe, defendant Milch, and the extent of his jurisdiction. A more authoritative statement of Milch's responsibilities and his position at the top of the command chain for the experiments could hardly be imagined.
This document firmly fixes Milch's guilt for the criminal medical experiments program. The affidavit reads:
"I Hermann Goering, swear, depose and state:
"That I am the former Reich Marshal of the German Reich and the former Commander in Chief of the Luftwaffe, that I have personal knowledge of all the facts stated here, and that I know these facts because of the position and responsibility which I had in the German Reich.
"That in approximately 1939 the former Field Marshal Erhard Milch was appointed Inspector General of the Luftwaffe and that as such he was directly responsible to me for the performance of his duties.
"That the Inspector General of the Luftwaffe was in charge of all tasks and responsibilities, with the exception of these which were concerned with tactical operations (the latter were handled by the Chief of my General Staff). The supervision of the Inspections, as well as the affairs of the Health and Medical Inspections was included in the tasks of the office of the Inspector General. Special questions, however, such as the number of hospitals to be put at the disposal of the individual air fleets, fell within the province of my Chief of Staff.
"That Generaleberstabsarzt Dr. Erich Hippke was Chief of the Medical Service of the Luftwaffe during the years 1941 till 1944 inclusive; that the office of the Chief of the Medical Service was directly responsible for the execution of all medical research and experiments; that the office of the Chief of the Medical Service, (for example), Hippke's office, was directly subordinated to the Inspector General, the former Field Marshal Milch."
This is signed, "Hermann Goering."
DR. BERGOLD: May it please the Tribunal, I know that I can't object to this document, even though Goering is dead.
However, I'd appreciate it if you could accept it only under one reserve, namely, if I can show -- unfortunately, I can't call Goering himself to testify -
THE PRESIDENT: Under what condition do you wish us to accept the document then?
- 450A
DR. BERGOLD; That is, the probative value of it.
THE PRESIDENT: You wish the Tribunal to bear in mind that you are unable to call Goering as a witness.
DR. BERGOLD: Yes.
THE PRESIDENT: The Tribunal will recess until tomorrow morning at 9:30.
THE MARSHAL: This Tribunal will recess until 0930, tomorrow morning.
(The Tribunal adjourned until 15 January 1947, at 0930 hours.)
Official Transcript of the American Military Tribunal in the matter of the United States of America, against Erhard Milch, defendant, sitting at Nurnberg, Germany, on 15 January 1947, 0930-1700, Justice Toms, presiding.
THE MARSHAL: The Honorable Judges of Military Tribunal No. 2. This Tribunal is again in session. God save the United States of America add this Honorable Tribunal. There will be order in the Court.
MR. McMAHON: May it please the Court, at the close of yesterday's session, I had completed the reading of Hermann Goering's affidavit, implicating General Field Marshal Milch in the medical experiments program. That was Exhibit No. 113, on page 153 of the English and 144 of the German Documents Books, 5B.
The prosecution will now offer in evidence Document NO-402, which will be Exhibit No. 114, and is on page 156 of the English Document Book, 146 of the German Book.
Will the Court excuse us for a minute, please, until we get the German copy down?
THE PRESIDENT: Meanwhile -- the exhibit starts on page 155.
MR. McMAHON: Yes; that's right, Your Honor. I think we can proceed now, Your Honor. This report is entitled: "Report on Experiments on Rescue from High Altitudes," signed by Doctors Ruff, Romberg and Rascher. It is dated July 28, 1942. On page 156 of the English copy and the second page of the German Document Book, the abstract, summarizing the report, reads:
"A report is to be made on experiments in which the possibility of rescue from high altitudes in the low pressure chamber is studied. Experiments were made at parachute sinking speeds up to 15 Km. (47,000 ft), without oxygen and up to 18 km. (59,000 ft.) with oxygen breathing as well as falling experiments speeds up to 21 km.
(68,000 ft.), altitude with and without oxygen. The results with practical significance will be discussed below."
452a I call Your Honors' attention to the bottom of this page, where the signatures of Rascher, Romberg and Ruff, for the D.V.L. appear, and also the sentence saying:
"These studies were carried out in conjunction with the research and instruction association 'Das Ahnenerbe'", and thereafter, the dateline, "Berlin, Adlershof, July 28, 1942."
Turning to the next page, Roman numeral I:
"INTRODUCTION AND STATEMENT OF THE PROBLEM."
"It is theoritically possible for man to reach as high an altitude as he may wish in an aircraft with a pressure cabin. However, the question must be settled as to what results or effects the destruction of the pressure cabin will have upon the human being, who in such cases is exposed in a few seconds to the low air pressure and thereby to the lack of oxygen, which is characteristic of high altitudes. Of particular practical interest is the question from what altitudes and by what means the safest rescue of the crew can be made. In the work at hand, a report is presented on experiments in which were studied the various possibilities of rescue of the crow under special experimental conditions. Since the urgency of the solution of the problem was evident, it was necessary, especially under the given conditions of the experiment, to forego for the time being the thorough clearing up of purely scientific questions."
Now, turning to the next page, under Roman numeral III "Results of the Experiments." Under this heading, Your Honors, No 1:
"Sinking experiments without oxygen breathing."
"Since a thoroughly dependable parachute oxygen apparatus is not yet generally available, experimental tests were made to determine from what altitudes a rescue with open parachute without oxygen is possible.
Therefore, sinking experiments were carried 453a out in which the mask was taken off after ascent with 02 (for oxygen) (for speed of ascent of the Chamber see Fig.
1), and, after a waiting period of 10 seconds the sinking was begun."
I refer to the experiments which is described three pages further on, on page 161, beginning with the second paragraph:
"Descending experiments were made in larger numbers from 15 km. (47,200 ft.) altitude. Since it became evident that at this altitude the approximate limits for what was possible under severe altitude sickness, spasmodic fits etc. had already been reached; an ascent was made as rapidly as possible with the oxygen apparatus to 15 km. altitude.
And the descent was begun. Since the results of these descending experiments were very typical and especially impressive it is necessary to present one of these experiments in detail. The protocol of an experiment will be represented as follows:"
MR. McMAHON: (Reading) "47,200 ft.
Lets the mask fall, severe altitude sickness, spasmodic (klonische) convulsions.
45,580 ft. Opisthotonus.
44,920 ft. Arms stretched stiffly forward; sits up like a dog, legs spread stiffly apart.
44,950 ft. Suspended in opisthotonus.
43,310 ft. Agonal convulsive breathing.
40,030 ft. Dyspnea, hangs limp.
23,620 ft. Uncoordinated movements with the extremities.
19,690 ft. Clonic convulsions, groaning.
18,080 ft. Yells aloud.
9,520 ft. Still yells, convulses arms and legs, head sinks forward.
6,560-0 ft. Yells spasmodically, grimaces, bites his tongue.
Does not respond to speech, gives the impression of someone who is completely out of his mind.
5 minutes (after reaching ground level) Reacts for the first time to vocal stimulation.
7 minutes Attempts upon command to arise, breathes deeply says in sterotyped mannner: "No, please."
9 minutes Stands upon command; severe ataxia, answers to all questions: "Just a minute." Tries spasmodically to recall his birth date.
10 minutes Typical stereotypes of attitude and movement (catatonia); numbles number to himself.
11 minutes Holds his head turned convulsively to the right; tries repeatedly to answer the first question concerning his birth date.
12 minutes Questions of the subject: "May I slice something?" (Note: In civilian work he was a delicatessen clerk) "May I pant, will it be all right if I inhale?"
455a Breathes deeply, then says, "All right, thank you very much."
15 minutes On being ordered to walk, steps forward and says: "All right, thank you very much."
17 minutes Gives his name; says he was born in 1928 (born 1 November 1908). Experimenter asks: "Where?" "Something 1928" "Profession?" "28-1928".
18 minutes May I inhale? "Yes." "I am content with that."
25 minutes Still the question continues: "Pant?"
28 minutes Sees nothing; runs against open window sash upon which the sun is shining, so that large lump is formed on his forehead; says: "Excuse me please." No expressions of pain.
30 minutes Knows his name and place of birth. Upon being asked for the day's date: "1 November 1928". Shivering of the legs; stuper continues; cannot be frightened by the report of a shot. Dark objects are still not discerned; subjects bumps against them. Is aware of bright lights; knows his profession, specially disoriented.
37 minutes Reacts to pain stimuli.
40 minutes Begins to observe differences. Fails continually into his previous speech stereotype.
50 minutes Specially oriented.
75 minutes Still disoriented in time; retrogressive anmesia over three days.
24 hours Normal condition again attained; has no recollection of the experiment itself.
MR. McMAHON: The prosecution will now offer in evidence Document 1607 PS, which will be Exhibit No. 115. And, it is on page 174, of the English and on page 148 of the German Document Books. This document is numbered "A" & "B". The letter which is narked "A" is dated 25 August 1942. It is a letter addressed to General Field Marshal Milch, from 456a Himmler, enclosing the report of high altitude experiments.
Himmler asks Milch to receive Dr. Rascher and Romberg, for a lecture and presentation of the film; the document shows that Milch sent this report, and thus, is additional proof, that he was fully informed of the high altitude experiments.
Himmler, himself, sent this report to Milch.
Such a prominent figure in the Nazi party, with the great power which he possessed, would not have been casually ignored by Milch. The letter reads:
"Enclosed please find a report about experiments for rescue from high altitudes, which have been carried out by Surgeon-Major Dr. S. Rascher and Dr. H. W. Romberg. I saw a film produced by Dr. Rascher. I consider the results of those experiments as so important for the Air Force, that I beg you to receive Dr. Rascher and Dr. Romberg for a lecture and the presentation of the film. I am convinced that, after having seen the film, you will also refer the matter to the Reich-Marshal, because of its importance.
I would be obliged, if you could let me know your opinion in one time.
Friendly greetings Heil Hitler!"
MR. McMAHON: Initials "H.H."
MR. BERGOLD: May it please the Tribunal! Please let me have the photostatic copy of the original, so that I can make a statement.
I merely wanted to find out on the copy, whether there was a "receiving" mark, which shows the initials "MI". Later on, in the course of the introduction of evidence, I shall prove, that all letters which are not signed with a red pencil, and do not carry the initials "MI", were never seen by the defendant Milch, but were forwarded directly. This letter does not show the initials "MI".
(Stepping forward and showing the Tribunal the document) May it please the Tribunal, Milch, whenever he received the letter, added his initials "MI"; at all times, when Milch received a document he indicated the receipt with a date; he initialed with a date. Those letters which do not show the initial were received by his office, but were not shown to him.
At a later date, I can prove this. I just wanted, at this time, to call the Court's attention to it.
457-A
THE PRESIDENT: Mr. McMahon, do you know whether the film referred to in this letter is available?
MR. McMAHON: As far as we know, your Honor, it is not available. In regard to the one just referred to, I would like your Honor to understand that the copies which we have come from the secret files of Mr. Himmler, therefore, cannot show the initials of Milch; and so, in fact, would not show that Milch had seen that. This letter was received from the files of Himmler and would not have the initials of Milch on this letter. In addition, we have a later reference to this letter, in a letter from Milch, saying that he had received this particular letter.
"1607 PS B" is on the next page, 175 of the English 127 in the German Document Book. This is a letter from Rascher with the report enclosed to Rudolf Brandt, dated 20th of July, 1942, stating that the Himmler report was to be forwarded to Milch.
The letter reads:
"Very esteemed Dr. Brandt:
Enclosed please find a copy of the work of myself and Dr. Romberg, 'Experiments for rescue from High Altitudes'.
On 14 July 1942 I was ordered by the Reichsfuehrer SS to send you the above-mentioned report. The Reichsfuehrer wants that report to be forwarded to General Field Marshal Milch, accompanied by a letter from him, asking Milch to receive Romberg and me for a lecture. I believe to have understood correctly that the Reichsfuehrer thought you would submit to him a letter to that effect for his signature.
I was very glad to hear that the Reichsfuehrer was satisfied with the result of the work at Dachau and with the film, and that he ordered an intensive continuation of the work in that field.
I recommended Dr. Romberg for the War Merit Cross on request of SS Lt. Col. Sievers. SS Colonel Dr. Weist ordered me to notify you hereof.
The Reichsfuehrer decided furthermore, on 14 July 1942, that the prisoner Sabota and the two prisoners who work in the dissection room in Dachau should be released and transferred to the group "Dirlewange". The exact names are in possession of SS Lt Col Sievers. The Reichsfuehrer has also issued an order to that effect to Major Sucheneck.
I thank you cordially for everything and remain Heil Hitler Yours Faithfully Signed:
Dr. S. Rascher"
MR. McMAHON: The Prosecution will now offer in evidence an interrogation of Defendant Milch, Document NOKW 421, which will be Prosecution Exhibit No. 116. On page 177 of the English copy and on page 159 of the German Document Book about three-quarters of the way down the page I call attention to the question beginning:
"Q. The film was shown in the Aviation Ministry. At the last minute you were prevented from attending the performance and said: Leave the film there.
.."
MR. McMAHON: That should be on page 159 of the German Document Book. The question would read:
"The film was shown in the Aviation Ministry. At the last minute you were prevented from attending the performance and said: Leave the film there. I will look at it later. Is that correct?
"A. I do not know about it.
"Q. Other people remember it very well.
"A. I do not know the film. I know of the film only from the report from Himmler or some other agency, that there was one. I did not see or read the report itself, or see or hear anything of the film.
"Q. Why did you tell the Reichsfuehrer SS Himmler: I read the report with great interest and will soon see the film.
"A. If you knew what the relationship to the Reichsfuehrer SS was, that one could write him anything else if one valued his own life.
"Q. But excuse me, then I must assume that you consciously lied to the Reichsfuehrer.
"A. I do not believe that you have the right to say that."
Now I would like to offer in evidence Document 343-PS which is on the last page of the index in the Document Book. This will be Prosecution Exhibit No. 117.
THE PRESIDENT: What was the document number, Mr. McMahon?
MR. McMAHON: 343-PS, B. 343-PS A has already been introduced earlier in the trial.
DR. BERGOLD: May it please the Tribunal I have to raise an objection with reference to the last exhibit referring to the interrogation of the defendant Milch. The defendant draws my attention to the fact that these minutes are not complete. A very important passage is omitted, namely, the passage where he says, "Why did you write?". I read that. It further says, "Upon that Milch replied", and that is the passage that was ommitted It was customary in a German ministry to write a letter to any subordinate agency in the first person, that is to say of the Ministry, even if the Minister himself was not dealing with the matter personally.
It may be well to point out to the Tribunal that a special letter was already submitted which was also written in the first person although Speer was already sick at that time and this reply is omitted in this exhibit. I, therefore, raise an objection since this interrogation was not submitted in its entirety.
MR. MC MAHON: Your Honor, we have submitted an excerpt of the interrogation, but the excerpt is complete in itself. I know of no passage such as Dr. Bergold refers to in the original interrogation and until we have that present or can submit it in German in original to show that no such passage existed -
DR. BERGOLD: I should ask for that.
THE PRESIDENT: Do you have the complete transcript of the entire examination of Milch?
MR. MC MAHON: I do have that, your Honor.
THE PRESIDENT: Can you not submit it to Dr. Bergold for his examination?
MR. MC MAHON: I think we can submit it. I don't know if we have it right here or not.
DR. BERGOLD: May it please the Tribunal, in order not to use time unnecessarily for the Tribunal may I examine this document during the recess?
THE PRESIDENT: Certainly. It has been suggested, Mr. McMahon, by Judge Phillips, that the answer to this interrogatory does not constitute either a confession nor an admission against interest but on the contrary a denial. Another question is: What value does it have as proof?
MR. MC MAHON: I would like to submit this interrogation and then contrast it with the next letter which I was about to read to show an inconsistency.
THE PRESIDENT: You propose to show that the answer as given.
MR. MC MAHON: That it is inconsistent with a document we have.
THE PRESIDENT: Contrary answers may be shown. Dr. Bergold, you can examine the transcript at your leisure and we will take the matter up again.
DR. BERGOLD: Thank you.
MR. McMAHON: This document I mentioned is 343-PS-B, on page 189 of the English and page 200 of the German Document Books. This is Milch's signature on the letter. This is a letter from Milch to Himmler, date 31 August 1942. Milch acknowledges Himmler's letter of 25 August 1942, which was 1607-PS and tells Himmler that he is much interested in the reports of Rascher and Romberg and will call for a lecture and film showing as requested by Himmler. In this letter Milch states that he has (1) read the reports of Dr. Rascher and Dr. Romberg and (2), that he is informed about the current experiments. Milch's signature appears on the letter. How then can he deny his awareness of Dr. Rascher's experiments and state that he does not know about it. The letter reads:
"Dear Mr. Himmler I thank you very much for your letter of the 25th of August.
I have read with great interest the reports of Dr. Rascher and Dr. Romberg. I am informed about the current experiments. I shall ask the two gentlemen to give a lecture combined with the showing of motion pictures to my men in the near future.
Hoping that it will be possible for me to see you at the occasion of my next visit to Headquarters, I remain with best regards and Heil Hitler!Signed:
E. Milch."