THE MARSHAL: The Tribunal is again in session.
MR. HARDY: May it please the Tribunal, the document books which I said would be ready this afternoon will be presented by Miss Johnson, and she said that she would not be ready to go on with it until 3:00 O'clock, so the latter part of the afternoon she can take up with rebuttal document books if necessary.
THE PRESIDENT: Counsel, Dr. Flemming for defendant Mrugowsky, the Tribunal has Supplement 1, Case 1, defendant Mrugowsky. Is that the volume from which you propose to offer further documents?
DR. FLEMMING: Mr. President, I really intended to submit Document Book No. 2 first, which contains excerpts regarding experiments on human beings abroad. This Document Book No. 2 was submitted by me at an earlier date, immediately after the examination of the defendant Mrugowsky. The Tribunal at that time ruled that the decision regarding this document book be postponed until all defendants had concluded their cases.
THE PRESIDENT: Counsel, the Tribunal can now proceed to hear you offer the documents contained in your Supplement 1, Case 1. It is probable that we have your Document Book 2 in our offices, but that can be offered when we have finished with your Supplement 1.
DR. FLEMMING: Yes, Your Honor.
MR. HARDY: Your Honor, may I put a few questions to counsel concerning these document books?
THE PRESIDENT: Yes.
MR. HARDY: Have you completed Document Bock No. 1, all the documents in that document book?
DR. FLEMMING: Yes, that is concluded.
MR. HARDY: Have you completed all the documents in Document Book 1-A?
DR. FLEMMING: Yes.
MR. HARDY: And now you have left Document Book No. 2 and Supplement No. 1?
DR. FLEMMING: Yes.
MR. HARDY: And that is the entire number of documents you have
DR. FLEMMING: No, there are two more documents which are still in translation.
MR. HARDY: All right, thank you.
DR. FLEMMING: I shall first deal with Supplement 1, which is before the Tribunal, and I shall leave Document Book 2 until such time as the Tribunal receive it from their offices.
THE PRESIDENT: Well, counsel, we have it now. You may proceed with Document Book 2.
Counsel, and Counsel for the Prosecution, this Document Book 2, Mrugowsky, was delivered to the Tribunal some time since and has been examined. Now this document book, Counsel, if I understand, consists entirely of extracts from medical publications; is that correct?
DR. FLEMMING: Yes.
THE PRESIDENT: Is Counsel for the Prosecution examining that document book?
MR. HARDY: Yes, Your Honor.
THE PRESIDENT: Well, under the ruling of the tribunal heretofore made in other cases, these documents appear to be admissible in evidence under the rules. Now, in order to facilitate the trial and save trouble for Counsel and the Tribunal, the Tribunal will now admit all these documents in evidence without further time or argument, and read the admission into the evidence. Now the Tribunal will proceed to dictate into the record the admission of these documents.
JUDGE SEBRING: Dr. Flemming, I now have before me Mrugowsky Document Book 2 containing Mrugowsky documents Nos. 67 to 91 inclusive, and you have heard the ruling of the President that they will be admitted in evidence as Mrugowsky exhibits. What exhibit number do you assign to Mrugowsky Document No. 67?
DR. FLEMMING: No. 67 will receive Exhibit No. 61.
JUDGE SEBRING: Very well. Then the Tribunal will receive in evidence Mrugowsky Document 67 as Exhibit 6l; Mrugowsky 68 as 62; Mrugowsky 68-A as Exhibit 63; Mrugowsky 68-B as Exhibit 64; Mrugowsky 68-6 as 63; Mrugowsky 69 as Exhibit 66; Mrugowsky Nos.
70-71 as Exhibit 67; Mrugowsky 72 as Exhibit 68; Mrugowsky 73 as Exhibit 69; Mrugowsky 74 as Exhibit 70; Mrugowsky 75 as Exhibit 71; Mrugowsky 76 as Exhibit 72; Mrugowsky 77 as Exhibit 73; Mrugowsky 78 as Exhibit 74; Mrugowsky 79 as Exhibit 75; Mrugowsky 80 as Exhibit 76; Mrugowsky 81 as Exhibit 77; Mrugowsky 82 as Exhibit 78; Mrugowsky 83 as Exhibit 79; Mrugowsky 89 as Exhibit 80; Mrugowsky 90 as Exhibit 81; and Mrugowsky 91 as Exhibit 82.
THE PRESIDENT: This action by the Tribunal takes care of Mrugowsky Document Book No. 2 in Case 1. Counsel for the Defendant Mrugowsky may now proceed to offer the exhibits contained in Supplement 1, Mrugowsky.
DR. FLEMMING: Yes. First I am going to submit Mrugowsky Document 51, which will be Exhibit 83. This is a report of the Third Congress East of the Consulting Specialists held in the Medical Academy, 24 to the 26 May, 1943. I submit it primarily because of the report contained therein by SS-Hauptsturmfuehrer Doetzer regarding the compatibility of a new tetra vaccine against typhoid, para-typhoid, and cholera. I ask the Tribunal to take notice of this document. I do not think that it is necessary to read any details from the document.
THE PRESIDENT: Proceed, counsel.
DR. FLEMMING: The next document will be Document Mrugowsky No. 66. I offer it as Exhibit Mrugowsky No. 84. This is an affidavit signed by Dr. Rudolf Fussganger, from Frankfurt on the Main, and deals with the preparations Akridin and Ruthenol. Dr. Fussganger says on page 3 of the document, page 9 of the document book:
"The first clinical experiments with Preparation 3382" - that is Akridin - "were, as far as I know, carried out in the section for infectious diseases of the Frankfurt on the Main medical clinic by Professor Nohnenbruch. Three patients were involved, all of whom had contracted typhus.
After receiving Preparation 3582, the fever of all three patients sank immediately."
THE PRESIDENT: As you read these documents they will all be received in evidence unless objections are made either by counsel or the Tribunal.
DR. FLEMMING: The next document will be Mrugowsky 93, which I offer as Mrugowsky Exhibit 83. This is an affidavit signed by Dr. Bruemmer, from Hoechst. Attached is a number of letters and note files coming from the works at Hoechst. Dr. Bruemmer in his affidavit certifies that these files and letters attached to the document are authentic copies of the documents from the files of the I.G. Farben Works at Hoechst. We are here concerned with the preparation Akridin and its usage. This correspondence is intended to prove that Ding received these preparations for his experimental series directly from the works at Hoechst and not from the Defendant Mrugowsky.
MR. HARDY: If it would meet with the approval of the Tribunal, while Dr. Flemming is introducing this document and its many attachments, I would like to see the original exhibits as he refers to each specific letter, and then it will expedite matters. If I have an objection I will interpose, and if I have none, as they are going along I won't bother, but then I can peruse each one of them as he is going along.
THE PRESIDENT: I do not know whether or not Dr. Flemming proposes to refer to each letter or simply to offer the series in evidence. Is the original exhibit in the courtroom?
DR. FLEMMING: The originals are here, yes, Mr. President. The originals are here.
This is an affidavit, to which the notary has attached all the excerpts from the files with seal and string, so that there can really be no possibility for any confusion.
MR. HARDY: No objection, Your, Honor.
THE PRESIDENT: Counsel for the Prosecution having no objection, the document will be admitted as Mrugowsky exhibit 85.
DR. FLEMMING: I then offer Document Mrugowsky 94 as Mrugowsky Exhibit 86 and Mrugowsky Document 95 as Mrugowsky Exhibit 87. These are 2 affidavits signed by Professor Flury, from Wuerzburg. Both deal with Akonitin. One deals with antidotes or antitoxins, and the other deals with the difference in the effects of Akonitin and prussic acid on the human being. These are Mrugowsky Exhibits 86 and 87.
The next will be Mrugowsky Document 96, which will become Mrgugowsky Exhibit No. 88. This is an affidavit signed by Dr. Heinrich Stiege, to which are attached minutes of the Prussic Acid Meeting on 27 and 28 of January 1944. I offer this document because I shall use it in my final plea in order to prove that Mrugowsky had nothing to do with the distribution of prussic acid to the extermination camps.
The next is Mrugowsky Document 96, which will be Mrugowsky Exhibit 88.... This is an excerpt from the minutes of the Prussic Acid Meeting of 27 and 28 January 1944.
THE PRESIDENT: Counsel, I think you assigned number 88 to Document 96 -- that is the one you are now referring to ---96?
DR. FLEMMING: Yes, I am now referring to Document No. 96. The next will be Mrugowsky Document 97, which I offer as Mrugowsky Exhibit No. 89. This is an excerpt from the Central Journal for Complete Hygiene, Including Bacteriology and Immunology.
This is the recognized journal for this branch of the Profession. The extract contains a report regarding whooping cough experiments performed by the American couple MacDonald on four children with whooping cough preparations.
MR. HARDY: Your Honor, at this time I have the opportunity to peruse each of these documents. The Prosecution has no objection to any of the documents in this document book.
DR. FLEMMING: The next is Mrugowsky Document No. 98, which will be Mrugowsky Exhibit No. 90. This an extract from the Year Book of Pediatrics and Physical Education, and deals with scarlet fever experiments on children.
The next is Mrugowsky 100 and will become Mrugowsky Exhibit No. 92. This is an excerpt from the Manual of Virus Diseases.
Mrugowsky Document is offered as Mrugowsky Exhibit No. 93. This is an affidavit signed by a Dr. Yurt Feurhake, a personal friend of the Defendant Mrugowsky, who has known him ever since his childhood and here gives a character reference. I don't think it is necessary for me to quote any passages from that document. I ask the Tribunal to take notice of it.
The next document is Mrugowsky 102, which will become Mrugowsky Exhibit No. 94. This is an affidavit signed by University Professor Dr. Paul Uhlenhuth at Freiburg in Breisgau. He talks about vaccinations performed in the concentration camp Buchenwald, vaccinations which are mentioned in the so-called Ding Diary and with which the Defendant Mrugowsky is charged. I think it is not necessary for me to quote any passages from that document.
The next document Mrugowsky 92 will be Mrgowsky Exhibit 95. This is an excerpt from the seniority list of the Elite Guard of the NSDAP, that is, the SS, and refers to the promotion of Mrugowsky to Sturmbannfuehrer on 9 November 1942.
I need this excerpt in connection with the discussion of Ding's signature in the so-called diary.
MR. HARDY: Just a moment. Regarding Document 102, which is an extract from the seniority list it should be Document 92. It is No. 102. The extract from the seniority list as contained in this document book is not the promotion of Mrugowsky but the promotion of Dr. Ding, -- is that correct?
DR. FLEMMING: Dr. Ding, yes. The next document in this document book is Mrugowsky Document 4a. In Document Book I I had a Document No. 4, which was an excerpt from the Reich Law Gazette and concerned part of the regulations regarding pathogenic organisms. A part of this ordinance was omitted by mistake. Therefore I have included in this document book the part of the ordinance which I need for my case. This will become Mrugowsky Exhibit 96.
THE PRESIDENT: These documents are all received in evidence and the Tribunal desires to compliment Dr. Flemming on the manner in which he has presented these documents and the manner in which they were prepared.
DR. FLEMMING: I should like to reserve the right to submit the 2 volumes which I have not yet received from translation. I said yesterday that one volume containe only excerpts from the record of the Pohl Trial, and the other volume contains a number affidavits.
THE PRESIDENT: The Tribunal will endeavor to expedite the translation of these documents, and they may be offered when received.
DR. FLEMMING: Thank you, Your Honor.
MR. HARDY: May it please Your Honor, I am informed that Dr. Fritz, defense counsel for Rose, has documents ready, and I wish to inquire whether other defense counsel will have documents ready at the completion of Dr. Fritz's introduction?
THE PRESIDENT: The Tribunal has some documents prepared on behalf of the Defendant Poppendick. If his counsel could be found, they could probably be offered.
MR. HARDY: I would suggest that defense counsel, during the noon hour recess, contact other defense counsel and sec if they can arrange for other defense counsel to present what documents they hove this afternoon, and we could clean up a great deal of this.
THE PRESIDENT: The Tribunal was about to make that suggestion. Defense counsel will endeavor to notify other defense counsel that this afternoon wo will receive documents which are ready for submission to the Tribunal. Apparently some more are just being handed up..... The Tribunal has now received document books on behalf of the Defendant Rose.
DR. SAUTER: Mr. President, during the recess I had an opportunity to speak to a number of my colleagues in order to ascertain now far they have gotten with their document books in order to tell the Tribunal about it. I do not think, except for the cases of Poppendick and Rose, that any other cases will be concluded for presentation this afternoon. I am telling you this Mr. President, because I doubt whether there will be any point in your holding an afternoon session under those circumstances. Counsel for Poppendick and Rose are finished with their document books and arc ready to present them but I do not believe that any other defense counsel will be able to get their document books from the translation branch in time. I wanted to tell you that in order that you may be in a position to dispose of your afternoon according to your own desires.
THE PRESIDENT: The Tribunal appreciates Counsel's courtesy, but the Tribunal will convene at 1:30, and we will see how far we can get with these documents, and when they arc entered the Prosecution will be in a position to offer some documents.
MR. HARDY: Your Honor, due to that fact, if the Prosecution goes on about 3:00 o'clock with their rebuttal document books, it is advisable that all defense counsel be present if they wish to interpose objections.
THE PRESIDENT: Defense counsel will notify their associates that if the defense........
DR. SAUTER: 3:00 o'clock, Mr. President?
THE PRESIDENT: The Tribunal will convene at 1:30 and hear documents offered by Defendants Rose and Poppendick and any other defendants who have any documents to offer. The Prosecution will be ready to offer documents at 3:00 o'clock but the Tribunal will convene at 1:30 o'clock and will proceed.
DR. SAUTER: Yes.
THE PRESIDENT: Dr. Merkel, have you anything to say to the Tribunal?
DR. MERKEL (Counsel for the defendant Genzken): Mr. President, I only have to make a short correction on my submission of evidence yesterday. I want to withdraw the 3 documents, Documents 19-D, 19-E, and 19-F, which I submitted yesterday as Genzken Exhibits 21, 22 and 23, because I do not require these documents for my cases. I wanted to make this correction in the interest of simplification.
THE PRESIDENT: Well, Counsel, will you prepare a written application to withdraw the documents, so that the matter will be entirely a matter of record in the Office of the Secretary General, and then the Court will approve your
DR. MERKEL: Thank you, Your Honor.
THE PRESIDENT: I file with the secretary the certificate concerning the absence of Defendant Oberheuser stating that she will not be in court today on account of illness; the Secretary will file the certificate.
The Tribunal will now be in recess until 1:30 o'clock.
(A recess was taken until 1330 hours.)
AFTERNOON SESSION (The hearing reconvened at 1330 hours, 28 June 1947)
THE MARSHAL: The Tribunal is again in session.
THE PRESIDENT: Counsel for the defendant Rose may proceed.
MR. HARDY: It is my understanding your Honor, that Document Book Rose Number 1 and Document Book Rose number 2, and Document Book Rose Number 3 have been completed, that is, the introduction of documents, and now he is proceeding to supplement the Document Book Rose Number 2.
THE PRESIDENT: Is that correct, counsel?
DR. FRITZ (counsel for the defendant Rose): Yes.
THE PRESIDENT: You are now proceeding with Rose Supplementary Document Book Number 2.
DR. FRITZ: The first document, namely, Document 49, which will bo Rose Exhibit 48 in this supplementary volume, is an affidavit by Professor Ernst Nauck. It is not my intention to read this affidavit. It concerns itself with making available of material to another research man or an institute, and states specifically that the deliverer bears no responsibility for what the recipient does with the material. The next document is Number 50 which will be Rose Exhibit 49. This likewise is an affidavit by Professor Ernst Nauck. This concerns itself with the question of whether malaria tertiana is a dangerous disease, and it says that very frequently experiments on human beings have been carried out in malaria tertiana. Let me remark that Professor Schilling also worked in malaria tertiana in Dachau.
The next Document is Document Rose 51 which will be Exliibit 50 is an extract form "Etude Seriolegique de l'Infection Palustre" by Dr. Henry. Perhaps the Tribunal will recall that in the cross-examination of Dr. Rose he was shown a document in which Schilling asked that he be sent the spleen from a person who had died of malaria. This document shows that the spleens of persons who have died of malaria are used in order to terminate the reactions, not only by Schilling but by many others.
Document 52 will be Rose Exhibit 51. This is an excerpt from the book by Dr. Reiner Mueller entitled "Medical Microbiology" which was published in 1946.
The statistics contained in this excerpt show what a danger typhus is, particularly during war-time. I have to put these statistics in for the purpose of my final summation.
Document 53 will be Exhibit 52. This too is an excerpt from the book "Epidemics due to War" by Professor Schlossberger. I can say regarding this extract the same that I said for the previous extract just mentioned.
Docutment 54 will be Exhibit 53. This is an excerpt from the book "Epidemics Resulting from Tars" by Dr. Frinzing. This excerpt also makes manifest the hazards of typhus.
Document 55 will be Exhibit 54. This is an affidavit by Professor Doctor Otto, and there is appended to this an excerpt from the "Clinical Weekly". This document shows what the typhus situation was during the First World War.
Document 56 will be Exhibit 55. This is an excerpt from the book which was published in 1935 in London by Hans Zinsser entitled "Rats, lice, and History." This excerpt also makes palpable the danger of typhus and points up the dangers that threaten the state through a typhus epidemic, and it also uses elucidates the importance of that danger for the future.
The next document is the document put in by the prosecution in the Flick Trial. It was put in as NE 5222, which in this trial I shall put in as Rose Document 56 and it will be exhibit 55. This is a letter -
THE PRESIDENT: Counsel, this last Exhibit number should be Exhibit 56. You already had 55.
DR. FRITZ: Correction, Exhibit 56. This is a letter from the president of the Land Labor Offices Westphalia to the District Group Anthracite Mining Ruhr of the Economic Group Mining, Essen, and is dated 3 February '42. This letter throws light on tho typhus epidemic among the Russian prisoners of war in German imprisonment during the Second World War. On page 1 of this document, it states, among other things, "Typhus has until recently caused 15,000 deaths daily. In one camp in Westphalia over 900 prisoners of war died during December."
The next document is Document 57, a Report by the Society of Biology by Blanc and Baltazard. Human being experiments are discussed here in which control groups are used.
The next document is Document 58. This is a reprint from the "Tropical Diseases Bulletin." I shall put this in as Rose Exhibit 58. This shows that during the Second World War in Africa in a period of two and a half years three and a half million protective vaccinations were given with living typhus vaccine. It can further be seen from this this paper that five to six cases bf typhus developed per thousand as a result of these vaccinations. That would mean that roughly twenty thousand people became ill with typhus as a result of these protective vaccinations.
Document 59 will be Rose Exhibit 59. This is another affidavit by Professor Otto which deals with the concept "subsequent infection". The concept, subsequent infection has played a large role in the work that Professor Hagen did, and this word "subsequent infection" frequently appears in Hagen's publications and in his correspondence, among other things, his correspondence with the defendant Rose.
In addition I have turned in an affidavit by Dr. Knorr to be translated, but it has not yet been translated and is consequently not here contained. This affidavit also deals with the concept subsequent infection. I should like to state now that later I shall wish to put this document in evidence. I have the original here and perhaps it could be given an exhibit number now.
MR. HARDY: Your Honor, I suggest that he put the document in now. It seems to have a notary's certificate on it and file the English copies with us later, and then we won't have to bother to go back to it.
THE PRESIDENT: Very well, that procedure may be followed.
DR. FRITZ: This then, will be Rose Exhibit 60, and finally, Mr. President, I have three French papers here, two papers by Sergeant and his associates and one paper by Tersa and Wassel. In these papers typhus infection of non-vaccinated persons is described. I have not yet been in a position to turn these over to the translation department. Professor Rose has asked me also to put these papers in evidence.
THE PRESIDENT: During the noon recess I consulted with the translation department. They will do the very best they can, but there are limits, I fear, to what they can do. They promised to expedite the documents and send them in to the Tribunal at the earliest possible moment, but documents that have not yet been turned over to the translators may possibly not be translated in time to be used.
DR. FRITZ: Perhaps the effort could be made, however, if I give the documents to the translation department by Monday. Then if they are translated in time I can put them in.
THE PRESIDENT: Well, I would certainly advise that they be given to the translation department this afternoon. Do you have the documents there in the original French?
DR. FRITZ: Yes.
THE PRESIDENT: Pass them up to the Tribunal. Let me look at them.
DR. FRITZ: Not the entirety of these articles is to be copied and translated, but only the parts marked, only excerpts in other words, the parts that are marked in pencil.
THE PRESIDENT: I understand. I note the markings. I think that these documents could not be admitted and numbered and the translations furnished, the English translations furnished when they are made. You might show these to counsel for the prosecution. Have you any objection, Mr. Hardy?
MR. HARDY: No, I have no objection, Your Honor.
THE PRESIDENT: They are from scientific magazines, medical magazines. I suggest that they be numbered. The furnishing of the English translations would be a matter that could be accomplished as soon as the translator finishes them.
DR. FRITZ: Then the work by Tersa and Wassel will be Rose document 61, Exhibit Number 61. The first work by Sergeant and associates will be Rose document and exhibit 62, and the third, the other publication by Sergeant, will be Rose document and exhibit 63.
THE PRESIDENT: Counsel, of course, understands that the translation of these documents is only the first step; that they must then be mimeographed and furnished. The translation is only one phase of the process.
DR. FRITZ: I am quite aware of the difficulties involved, your Honor.
THE PRESIDENT: The Tribunal now understands that this completes finally Rose's documents?
DR. FRITZ: That is so.
MR. HARDY: Your Honor, before we proceed with the introduction of documents on behalf of the defendant Poppendick, the prosecution wishes to announce that they will call two witnesses the first part of next week and, if permissible with the Tribunal, we will be in a position to call them on Monday as rebuttal witnesses. One is a man named Broers and the other a witness named Nales. The prosecution will file the notices conforming to the regulations of the Tribunal. These two witnesses will testify as to the activities of Hagen at Natzweiler.
THE PRESIDENT: Very well, those witnesses may be presented Monday. Any further witnesses desired to be called should be presented at the earliest possible moment, because that would, to some extent, compensate the delay for the production of documents.
MR. HARDY: Other than those two witnesses, your Honor, it is possible that the prosecution may call one other. However, that is merely possible at this point. It may develop that those two witnesses will be the last witnesses called on behalf of the prosecution for rebuttal.
THE PRESIDENT: Counsel for the defendant Poppendick.
DR. DUERR: First of all I should like to give the Tribunal four English copies of supplemental volumes 1, 2 and 3. As first document I should like to put in HPO 16, an affidavit by Dr. Blaschke. This will be Poppendick Exhibit 15. Here the development and structure of the office Reichs Physician SS is described and Poppendick's position in it is also described.
I should like to read a few passages. At first the witness concerns himself with the structure and organization of the office Reichs Physician SS and then he, on page two, first paragraph, discusses the reorganization in 1943.
"In 1943 Himmler promised to lot him have only a few departments, among other things the pharmaceutical service and hygiene. At the same time Grawitz obtained from Himmler the authorization for the establishment of some subdivisional offices within his formerly unorganized staff. In this way I too became an office chief as Chief Dental Surgeon. My entire staff consisted of myself and one dentist acting as my assistant; I had to share a clerk with Dr. Poppendick. I myself was often absent as I had my private dental practice."
Then I should like to skip a paragraph and read the next paragraph.
"Grawitz himself had an adjutant and a female secretary at his personal disposal. This secretary, who was in charge of Dr. Grawitz' ante-room, was the most important person in the building. She gave information, acted as receptionist and arranged appointments with Dr. Grawitz. She had worked for him since 1939, and he had complete confidence in her. In her room there was also Dr. Grawitz's strong-box, to which, however, only he had the key. She also handled the mail too, dictation, and did all the filing. The amount of incoming mail was very small. Grawitz often complained that he had so little to do.
"Since 1943 there was also an office called Personal Office but it existed only on paper, and never played any real part. It could not actually materialize, as Grawitz himself and with his secretary attended to everything. This office was probably only supposed to keep up appearances because as previously, discussions took place always with Grawitz in strict privacy even if they were quite unimportant which was almost always the case with mine.
"At any rate Dr. Poppendick was never present at my discussions with Grawitz. So far as I know, he was, in fact, mainly in charge of the library."
THE PRESIDENT: Counsel, please proceed more slowly. I fear that the reporters are rather in difficulties.
INTERPRETER BROWN: Your Honor, the reporters have the document before them.
THE PRESIDENT: Proceed, but a little more slowly at that. The Tribunal might be in difficulties following it.
DR. DUERR: "His most important activity, however, took place outside the building. He was senior physician in the Race and Colonization Office. He was not a very conspicuous person, was very quiet, and worked unobtrusively in his room. I always received the documents I had to work on straight from Grawitz, they were also marked only by him, and in the same way I handed in my replies to the Secretary direct and she passed them on to Grawitz. When I had to get a letter direct, from Grawitz, he had me called by his secretary and took the document from his briefcase and discussed it with me. Grawitz thought he could do everything better and, therefore, he wanted to do everything himself. The reason for this was probably to be found in his most predominant characteristic: a burning ambition to get on in life.
"He could get on only through Himmler and, as he was not on very good terms with him, he apparently tried to impress him by his officiousness. When in 1944, following the air raids on the city, almost all offices were removed from Berlin, he retained his office in Berlin despite the fact that his work, already insignificant, now shrank to almost nothing. I suppose he wanted to appear to Himmler as the courageous undaunted man. He was as an individual exactly the opposite -- inwardly hesitating, always with an eye to his superiors, and with an almost grotesque fear of provoking the displeasure of Himmler. As I concluded from hints given by Grawitz, he hoped to achieve through Himmler the position of chief of the whole medical service."
This affidavit is correctly certified.
Now comes HPO 17, Poppendick Exhibit 16.
THE PRESIDENT: Counsel, I do not know what this exhibit is but it is scarcely necessary to read into the record anything save the important portion of these affidavits in your brief it would be your duty to call to the attention of the Tribunal, the portions of the affidavit upon which you particularly rely.
DR. DUERR: This affidavit is a cross-affidavit from Dr. Gerhard Schiedlausky in reply to the affidavit which the prosecution put in with the document NO-508. I shall not read it. I should like to draw the attention of the Tribunal beginning with the paragraph beginning with the words, "From my own observation," which is the most important passage of this affidavit.
This next document is HPO 18 which will Exhibit 17. This also is an affidavit by Fritz Schwalm. This affidavit deals in detail with Poppendick's activities in the Race and Colonization Main Office but I shall read nothing from it.
The next three documents, HPO 19, 20 and 21, are excerpts from the transcript of Case IV which have been certified by the Secretary General and concern themselves with the testimony of Kogon. I do not believe that it is necessary to give these documents a special exhibit number -- or am I wrong?
THE PRESIDENT: They should be numbered in order that reference could be made to them in your brief or in the brief of opposing counsel.
DR. DUERR: Then HPO 19 will be Exhibit 18, HPO 20 will be 19, and HPO 21 will be 20. I shall just forgo any reading of any portion of these documents. Supplemental volume 2 consists of one single document HPO 22 which be Exhibit 21. This is an affidavit by August Meine.
In the first part of this affidavit the affiant Heine makes statements about Documents 1639A, 1639 and 214, all of which were put in by the prosecution. I should like to point out to the Tribunal, the summary at the end of this section. In the second part of this affidavit, the witness speaks of Professor Clauberg's activities as approver of application for marriage licenses and in the third section we hear something from Meine regarding the procedure in certifying copies in the SS, copies of documents.
I have annexed to this affidavit of Meine's a photostatic copy of Document NO-214 for the convenience of the Tribunal, It is here in the German original and you can see the handwriting of this document to which the witness Heine refers in his affidavit. In the English translation that the Tribunal has of this document these individual handwritten remarks are not noted. That is why I have made this photostatic copy of the original available to the Tribunal so that they can more correctly evaluate Meine's affidavit.
As last document I put in HPO 23, Exhibit 22, an affidavit by Professor von Kennel. This is a statement made by the prosecution during the examination of Poppendick when the prosecutor accused the witness von Kennel of lying. I do not intend to read this affidavit since it is very long but I should like to draw the Tribunal's attention to the first two paragraphs.
That will conclude the case for Poppendick; but I should like to point out the last document in Document Book No. 2 here.