"The experiments were made in connection with selfexperiments on the possibility of rescue from maximum altitudes of 12,000 m, carried out by Romberg. The first experiment in the series of experiments yielded an extraordinarily important result. During the jump with an open parachute, the so-called descent experiment, from 12,000 meters consciousness is lost after 1 minute 10 seconds. After descending for a further 3 minutes, the experimental subject awakens and is fully capable of action t an altitude of 8.3 km.
"This is surprising insofar as progressively severe nigh altitude sickness develops if the experimental subject is exposed to this altitude for 4-1/2 minutes. The process of the so-called "pre-mobilization" which was observed by previous authors by indication with descent experiments from altitudes lower than 12 km., apparently plays an important and beneficial role at higher altitudes. Its mechanism has not yet been explained. On the basis of this extraordinarily favorable result, the strain was increased step by step in the following experiments. This procedure is usual in experimental medicine. The experiments were finally stopped "because in practice there is no necessity whatsoever to save oneself from even greater altitudes with an open parachute." No death occurred.
"The extraordinarily long periods of unconsciousness are in themselves no proof of a particularly reckless method of experimenting. An experienced altitude research worker is able to judge the actual condition of the experimental subject from the state of breathing and the activity of the heart, and in case of a life-endangering disturbance to stop the experiment by increasing the pressure and administering oxygen. The observer knows that Romberg and Ruff often lost consciousness during their own experiments dispersed the pessimism of numerous research workers who thought that descent from such high altitudes was impossible.
Thus the development of more or less complicated auxiliary installations for the rescue of crews from altitudes up to 20 km, was unnecessary. This result was of extreme value for technics and for the tactics of air fighting."
About subjective troubles daring low pressure chamber experiments, the witness says the following:
"Since there are many wrong ideas current about the subjective troubles during high altitude experiments, the problem is to be discussed in detail in the following way:" Decrease in air pressure decreases oxygen content of air--
MR. HARDY: Your Honor, this whole subject has been fully explained by the witness himself on the stand, and I wonder if Dr. Sauter deems it absolutely necessary to read this into the records, and it seems to me ground has been pretty well covered by the defendant himself, he can ask the Tribunal to take judicial notice of this without reading it verbatim into the record.
DR. SAUTER: I believe, Mr. President, that these statements are perhaps of even more importance for the judgment of this case than a number of statements we have heard yesterday and the day before. This is a witness who is a leading researcher in this field, and who, for that reason, was asked to go to the United States. It is my opinion that the conception of such a witness is this field is particularly helpful to the Tribunal when it wants to master these technical difficulties.
THE PRESIDENT: Counsel may continue to read the document or such portions thereof as he deems important.
DR. SAUTER: In this connection the witness says. I repeat, this to be found on page 42, page 8 of this affidavit, because the prosecution contends these experiments cause special pain:
"If the air pressure is decreased, the concentration of oxygen in the air which is inhaled, correspondingly decreases. The oxygen absorption by the lungs is finally so alight, that the combustion process in the cells can no longer properly take place and the vital functions must cease. At first, the complicated work of the central nervous system is discontinued. First of all spontaneous, and self-control abate, changes of feeling similar to those occuring under alcholic intoxication take place.
Then follow muscular weakness, sleep and unconsciousness. In the final stage of the high altitude sickness the respiratory and circulatory centers are paralyzed as by an over-dose of narcosis. In the initial stage of unconsciousness frequent cramps of various kinds can be observed. Unvoluntary contractions of the facial muscles, leading to grimaces, weeping, laughing, etc. may also occur. These phenomena which may make a ghastly impression on people who know nothing about aviation medicine, take their course subjectively without any kind of trouble. The danger of high altitude sickness is especially based on the fact that it causes only few impressive symptoms, above all neither pain nor heavy breathing. It was for just this harmlessness of the symptoms that the doctors of all nations had to make the greatest efforts to convince the air crews by appropriate instruction of the danger and malignity of the high altitude disease.
"Occasionally, especially during longer spells in high altitudes, pains in the joints and wind troubles may occur.
But they probably did not play an essential role in the experiment put forward, since from the considerable lack of oxygen which was induced, unconsciousness resulted after an average of 30 seconds:
"To sum up:
"Firstly, the question of rescue from extremely high altitudes constitutes a problem of the utmost importance for aviation medicine. The experiments yielded unexpected results which were of importance for technical development.
"Secondly, experiments with animals yield no quantitatively binding values.
"Thirdly, the experiments were carried out on a scientific basis. The experiments were discontinued after a certain practical aim had been attained. No casualties ensued.
"Fourthly, the subjective troubles during experiments with low pressure chamber in high altitudes without oxygen are slight."
The witness in the last paragraph goes on to explain Ruff's self experiments and the self experiments of his collaborators; and he points out that Dr. Ruff always subjected himself first to verydangerous experiments and then the voluntary collaborator of his institute. This affidavit is certified in the proper manner.
I offer as the next document an affidavit by a dentist, Dr. Freitag, as Ruff Exhibit Number 15. This is to be found in Document Book Ruff, Document Number 15, page 57. This is an affidavit of Dr. Walter Freitag, dated the 2nd of January, 1947, which was certified in the proper manner on the 30th of January 1947.
Dr. Freitag, from June 1939, with some small interruptions, up to the year of 1945, was a collaborator of Dr. Ruff in the latter's institute. He participated personally in a number of experiments and he knows the work of the institute very well. In the affidavit, which I will not read in detail, he describes his impression of Dr. Ruff's personality, his demeanor during the experiments, and similar matters. I will ask you to take notice of that affidavit; and I shall dispense with reading it since by and large it conforms completely with observations which other witnesses have made of Dr. Ruff's personality and his behavior.
As a further document I offer to you under Exhibit Ruff Number 16, in Document Book Ruff, page 63, Document Number 16, an affidavit by a woman, Franca von Guaita. She is a German national. I beg your pardon, Your Honor, this is not on page 63 but, rather, on page 52.
THE PRESIDENT: What is the number of this document?
DR. SAUTER: Document Number 13; and I gave it the exhibit number 16. I repeat, on page 52 of the Document Book, Document Number 13, Exhibit Ruff Number 16, and affidavit by a woman called Franca von Guaita. This affidavit is signed in the proper manner on the 27th of January 1947. This Mrs. Guaita gets into this matter because she was the head of the Film Department in the DVL, of which Dr. Ruff's institute was a part.
In this capacity she dealt with Dr. Ruff's experiments and often was present during the execution of such experiments. I shall confine myself to reading from the 3rd paragraph on page 1 where it says, and I quote:
"During all the experiments which I filmed, I ascertained that Dr. Ruff and his collaborators exposed themselves first to known as well as unknown dangers. His medical colleagues, as well as colleagues from other research institutes of the German Experimental Institute for Aviation, volunteered as subjects for these experiments, especially during the war; and thus a great many persons took part in dives, among them, I myself, several times, to operate the film camera. Dr. Ruff himself as pilot took part in all dives which affected health, whereas we took part only once a day."
Then the last paragraph of this affidavit reads:
"Thus I know Dr. Ruff only as a man who fought to save other people's lives; and I consider it entirely out of the question that he ever laid violent hands on anybody."
I ask you to take notice of the rest of the contents of this affidavit.
As Exhibit Ruff Number 17, I offer Document Number 12 in Document Book Ruff -- I repeat, Document Number 12 in Document Book Ruff, on page 49 of the German text. This is an affidavit of Dr. Friedrich Kipp, which I am not going to read. I shall merely ask you to take notice of the contents. This Dr. Kipp for four years, from the year 1942 until the end of 1945, was a scientific collaborator of Dr. Ruff. He also confirmed the point that Dr. Ruff basically was performing all the experiments himself as self experiments and then used his collaborators as volunteer subjects. He says that Ruff was very hard on himself but just as considerate and careful towards his collaborators. He says he was a researcher who was very considerate and conscious of his responsibility.
I should also like to ask you to take notice of the next document, Number 16 in Document Book Ruff, on page 63 of the German text.
I am giving this Exhibit Number Ruff Number 18. This is the affidavit by Master Mechanic Karl Fohlmeister, the very same master mechanic from whom this work diary originated which I yesterday submitted to the defendant Ruff. I ask you to take notice of this affidavit, which is certified in the proper way.
The witness Fohlmeister from February 1937 until April 1945, that is, over a period of eight years, was a co-worker with the physician Dr. Ruff. As a master mechanic he had a special position of confidence. He described the detailed experiments as they were carried out. He goes on to elucidate the part which Ruff played during these experiments; and I shall confine myself to a paragraph at the end of the first page where it says:
"The principle tasks of the institute were primarily the examination of the afflictions of the human body caused by any action resulting from aerial activity. Of the approximately ten male collaborators of the section, those who were mast tirelessly experimented upon were Dr. Ruff, myself, and Dr. Wieshofer, who crashed during a test flight. In this respect, however, the first place goes without any doubt to Dr. Ruff, who always was the first to try out on himself without any personal considerations all the newest experiments. Moreover, his evaluations were always of the highest quality; for instance, those in connection with the effects of centrifugal force. When dives and curves were carried out in the Junker 87, he, as a regular pilot, was the one who was always exposed, while we as experimental subjects, took our turns respectively. In good flying weather, for instance, there was almost continuous activity in the air during which twelve diving and flattening out operations were generally carried out by each individual flight. As already mentioned, however, Ruff always occupied the pilot's seat and flew with each one of us. Operations of this nature have been sufficiently recorded both in pictures and documents. On many occasions I completely lost consciousness during these curvilinear flights. Ruff often suffered from ocular disturbances and severe headaches in the evening."
The witness goes on to describe the difficult experiments in which Ruff was always the first to participate. In particular, he describes the participation of Ruff in the high altitude experiments with low pressure chamber, of cold going down to minus 15 degrees. Then he concludes his affidavit on his last page with the words: "For ten years all of us in the Institute for Aviation Medicine volunteered for all experiments, and primarily our chief as already mentioned; and we all did it only in the interests of health and to protect the lives of others, without receiving any compensation or other reward. We all considered this as understood. Once General Udet gave my chief and me an extra week of furlough. That was all. Therefore, with regard to my previous chief Dr. Ruff, I can only say the best with a clear conscience. And nothing is more applicable to him than the inscription on a cup which he once got for glider flying instruction which reads: "The deed is silent." This was Karl Fohlmeister's testimony, sworn to in the proper manner.
The next document is the Document Number 17, to be found in Document Book Ruff on page 67 of the German text. This will receive Exhibit Number 19. This is an excerpt from a journal -- I think it is either English or an American journal. I have the original available here.
MR. HARDY: Your Honor, the next document which Dr. Sauter is offering in evidence is an article in a journal, "The Lanclet", dated December 7, 1946, 1946; the article written by Kenneth Mellanby, a man who sat here in the first row, an observer of this trial for several weeks. It is merely his opinion. This is a moral issue of this trial, perhaps an opinion of judgment in his behalf, one which was not drawn at the time of the experiments but one drawn now; and I deem it inadmissible in evidence and object to its admission.
THE PRESIDENT: While, Counsel, some matters contained in this proposed exhibit might be proper matters of argument if counsel for the defense is desirous of so using them; I do not see that this is properly admissible as an exhibit.
It contains no evidentiary matter.
DR. SAUTER: Mr. President, in this trial one can he of a different opinion regarding many issues. You know very well that I hardly submitted any excerpts from literature. In this case, however, I made an exception. That, because this article in a journal originates from a man who himself belongs to the Tropical Hygiene Institute in London; I am sure that he is an expert of highest rank. I am sure that he is an expert who has maintained a certain amount of objectivity in such subjects that form the subject of this trial. However, I shall abide by your suggestion and I shall revert to this matter in my final plea when I shall show you what the conception of unobjectional physicians on the Anglo-Saxon side on these experiments. I shall corroborate that in my final plea.
The next document, Your Honor, which I am going to submit to you can be found in Supplement No. 1 to Document Book Ruff. It bears Document No. 18 of this supplemental volume and will get exhibit No. 19. This is an affidavit by diploma engineer Heinz Ernst Lesser, who for eight years was a co-worker at the institute of Dr. Ruff. This affidavit was sworn to and certified in the proper way. I ask you to take notice of its entire context and I shall only read page 2 of this affidavit, the center of the page, and it reads:
"I thought it particularly praiseworthy that Drs. Ruff and Romberg carried out all experiments on themselves before they repeated them on other persons who volunteered. The work carried out by Dr. Ruff and Dr. Romberg, as well as those of the other physicians of the German Experimental Institute for Aviation, have contributed towards the solution of many problems of aviation medicine, the greater part of which until 1936 had not been solved and thereby many flying accidents, particularly those due to high altitude unconsciousness, were explained.
"All experiments carried out at the order of the German Experimental Institute for Aviation were made with persons who had volunteered."
The witness goes on to describe in detail that the method developed by Rascher and Romberg was, as he said, an immense contribution for the decrease of death resulting from high altitudes.
According to his experience also, he said, the experiments involved no danger whatsoever, and he goes on to say that he was ready at any time to subject himself to any such experiments under the leadership of Dr. Ruff. He goes on to describe the extraordinary care which Drs. Rascher and Romberg showed towards all experimental subjects.
As a further document I am going to submit an affidavit of General of the SS Karl Wolff. This is to be found in Supplement III, taken in London on 21 November 1946 and sworn to and certified in the proper way in Nuernberg on 27 March 1947.
The record of this affidavit was submitted to you as a document mainly because the witness, without himself having participated in the Dachau experiments in any way, can testify completely objectively about the quality of the experimental subjects. I am not going to read the affidavit in detail. He first explains the research spleen of Reichsfuehrer-SS Himmler and then he goes on to say that the initiator of these experiments at Dachau was Dr. Rascher - the mental originator of these experiments. And then he speaks about the quality of the experimental subjects. That is on page 3 of the original, first paragraph.
I quote:
"In order to clarify and to stop such accidents in the future a number of junior members of the Luftwaffe had volunteered with their own person for experiments. Now, he said, sometime ago Dr. Rascher had had the idea to use volunteering inmates of concentration camps instead of the valuable members of the Luftwaffe which could be assigned to better tasks. Of course, favors would have to be granted to these inmates as a compensation, after about a dozen experiments, for instance, release from custody and front assignment. He, Himmler, he said, had gladly accepted this suggestion of Dr. Rascher and had granted permission to carry it out. He continued that he was very much interested in these experiments and therefore that he thought it very important that I witness the experiment we were going to see, in order to be able to talk about it to the Fuehrer at a suitable occasion.
And that is what I did. The Fuehrer was very glad about it. As far as I remember, the short report I gave him also resulted later on in the release and front assignment of these inmates.
"Therefore, Himmler was altogether responsible for making possible the execution of the experiments in the concentration camps, while Dr. Rascher was the executive head."
I think that I can skip the next paragraph; then the witness says:
"Right after the arrival of Himmler in the concentration camp Dachau Dr. Rascher started with his experiments. About ten prisoners were standing in front of their barrack. They looked quite detached and one after the other they climbed willingly into the low pressure chamber which was built into an automobile. Each experiment took only a few minutes, in accordance with the height that was imitated and with the normal falling speed of the human body.
"After they had left the low pressure chamber, it took the prisoners only about two minutes until, lying on a blanket on the floor of the barracks, they had recovered from the short endurance test. After that, in the knowledge of what they had just achieved, they became actually confiding. None of them were political prisoners; they were all rightly and lawfully declared to be unworthy for military service because of a strong criminal record (thieves and such).
"They emphatically assured Himmler in my presence that in this manner, after a request to get a chance to prove their value at the front had been rejected, they at least made a voluntary, modest contribution for Germany with their own person, and that thereby they wanted to prove their good will which really existed. Thereupon Himmler promised them to use his influence with the Fuehrer to obtain their release and the front assignment they wanted. It results, for instance, from the letter of Dr. Rascher to Dr. Brandt of 20.7.42 that Himmler, in fulfillment of his promise, decided on 14.7.42 really, that the prisoner Sobota and two other co-prisoners were to be released from the concentration camp and transferred to the trial unit (Bewaehrungstruppe) 'Dirlewanger'."Had these guinea piges been involuntary, then Himmler, in view of the inhuman treatments which in that case would really have taken place, could never have afforded to take the risk of these people going over to the enemy during a combat assignment of this 'Dirlewanger' unit.
"As far as I recollect, I have gained no knowledge from Himmler or from any other sources of the fact that later on low pressure experiments, for instance, were carried out on inmates on a non-voluntary basis."
The further statements of the witness show the same trend and I do not intend to go into them in detail.
THE PRESIDENT: Counsel, what number of exhibit do you assign to this document?
DR. SAUTER: I beg your pardon.
THE PRESIDENT: What Exhibit number did you assign this document?
DR. SAUTER: The testimony of Wolf has Exhibit #20.
I then have a number of documents which have not yet returned from the Translating Branch and I shall submit them at a later date. Among those is the extract of the penal record about our witness Vieweg. If you remember, this is the witness who didn't know whether, excepting one sentence, he had previously suffered any other sentences. In the meantime, I have received his criminal record and I found confirmed what I had assumed from the start; namely that the witness already before had suffered seven sentences, including one of five years' penitentiary. This is one of these people who are now going around the country claiming to be political prisoners, and who offered himself here in this trial as witnesses. I shall submit this criminal record to the Tribunal.
MR. HARDY: Your Honor, as I understand it now, Dr. Sauter has one more book that book is Book #4. That is the one we haven't received.
THE PRESIDENT: That is my understanding.
MR. HARDY: and then now, in Document Book #2, he has an affidavit under "Ruff Publications", or is it supplement #1? Does he intend to introduce that? I haven't given it an exhibit number yet.
DR. SAUTER: I have already done that during the course of the examination of the defendant Ruff. I think this is Exhibit #8 if I'm not mistaken. Yes, I think it is #8.
MR. HARDY: No. 8 is another one. That is the affidavit of Schroeder. This one here has not been introduced yet.
JUDGE SEBRING: Counsel for the prosecution is referring to ..........
MR HARDY (Interrupting): Document 19.
JUDGE SEBRING: Document #5, I think, counsel.
MR HARDY: I have missed it then. Thank you Your Honor.
DR. SAUTER: Mr. President, this brings me to the end of the submission of my documents, and I further make the application which I have already made in the past that we carry out here a practical experiment, using a low pressure chamber, in order to convince ourselves here how such an experiment, using a low pressure chamber, in order to convince ourselves here how such an experiment is being carried through and what its effects are. In Heidlberg, not too far from here, there is such a low pressure chamber. The defendant Dr. Ruff and other defendants have already worked in this low pressure chamber. This mobile low pressure chamber, located in Heidelberg, can be brought to Nurnberg without any difficulty. Some such experiment can be carried out in a courtyard of the Palace of Justice and it will considerably make the Tribunal's tasks easier if it con convince itself about such an experiment. Ye have a number of experts who can be in charge of that experiment. There is an American medical center at Heidelberg where a number of experts are located. The defendants Ruff and Romberg, are available for this experiment and are ready to subject themselves to it. I have received a number of telegraphic offers from a dozen former collaborators of Dr. Ruff that they would be glad to make themselves available here as experimental subjects. Among them is this witness Mrs. Guaita who, earlier in her capacity as film director, had participated in these experiments.
I should like to consider this my application for having such an experiment performed here and then, Gentlemen of the Tribunal, you will convince yourselves that, in case these experiments are planned and executed in a scientific manner, they are harmless and non-dangerous and not painful to an extent that any one of us persons here in the court room could subject ourselves to any such experiments.
JUDGE SEBRING: Counsel, is the experiment you propose the one you say that Jr. Ruff performed? That one or one of Br. Rascher performed? Which one you propose to show here?
DR. SAUTER: Dr. Ruff's experiments, the experiments that Dr. Fuff has performed. The experiments of Rascher do not concern us,
MR. HARDY: Your Honor, it is my understanding that the Tribunal has ruled on this once.
THE PRESIDENT: The Tribunal has ruled on this point, denying the application made for the defendant Ruff, and the Tribunal is of the same view. The application is denied.
The Tribunal will now recess Until 9:30 o'clock tomorrow morning.
(A recess was taken until 0930 hours, 1 May 1947).
OFFICE OF US CHIEF OF COUNSEL
EVIDENCE DIVISION LIBRARY BRANCH
THIS ITEM IS DUE ONE WEEK FROM:
IF NEEDED LONGER PLEASE INFORM THE LIBRARY.
Official Transcript of the the American Military Tribunal in the matter of the United States of America against Karl Brandt, et al, defendants, sitting at Nurnberg, Germany on 1 May 1947, 0930, Justice Beals presiding.
THE MARSHAL: Persons in the court room will please find their seats.
The Honorable, the Judges of Military Tribunal I.
Military Tribunal I is now in session. God save tho United States of America and this honorable Tribunal.
There will be order in the courtroom.
THE PRESIDENT: Mr. Marshal, you ascertain if tho defendants are all present in court.
THE MARSHAL: May it please your Honor, all defendants are present in the court with the exception of the Defendant Oberheuser, absent due to illness.
THE PRESIDENT: The Secretary-General will note the presence of all the defendants in court save the Defendant Oberheuser. Tho prison physician having filed a certificate that the Defendant Oberheuser is unable to attend court today, she will be excused pursuant to that certificate, it appearing that her absence will in no way prejudice her case.
Counsel may proceed.
DR. VORWERK: (Counsel for tho Defendant Romberg): Mr. President, I think I am correct in assuming that the high tribunal has Romberg's document book available to them.
THE PRESIDENT: We have not yet received it.
(Document book handed to the Tribunal.)
DR. VORWERK: The Defense of tho Defendant Romberg will now call the Defendant Romberg into the witness stand, and in the course of his examination will submit the individual affidavits.
With the approval of the Tribunal, I ask that the Defendant Romberg be called into the witness stand.
THE PRESIDENT: At the request of his counsel, the Defendant Romberg will take the witness stand.
DR. HANSROMBERG, a defendant, took the stand and testified as follows BY JUDGE SEBRING:
Q. The Defendant will raise his right hand and be sworn.
I swear by God, the Almighty and Omniscient, that I will speak the pure truth and will withhold and add nothing.
(The witness repeated the oath.)
JUDGE SEBRING: You may be seated.
DIRECT EXAMINATION BY.
DR. VORWERK:
Q. Your name is Hans Wolfgang Romberg, is that correct?
A. Yes.
Q. When and where were you born?
A. I was born on the 15th. of May, 1911, in Berlin.
Q. Would you please be good enough to describe your career to the Tribunal.
A. I wont to a humanist High School Gymnasium in Berlin and while going to school my main fields of interest were medicine and technique. I decided to choose the medical profession, and from 1929 to 1935 I studied at the Universities of Berlin and Innsbruck, In tho spring of 1935 I took my state examination at Berlin and then proceeded to work as an interne at the hospital in Friedrechshain, Berlin. I was there at the Internal and Surgical Department. Since it was my intention to become a surgeon, I went to Professor Buechner as an assistant to the Patho logical Institute in order to gain a basic education in the field of surgery there.
While working with Buechner my interest in aviation medical questions was awakened, since in Buechner's Institute there were animal experiments performed concerning themselves with those questions. Already at that time I volunteered as experimental subject for high altitude experiments performed by other physicians because I was interested in that field. In the year of 1937 I participated in an air medical congress at the RLM in Berlin, to which I gained access by the mediation of Buechner, and became acquainted with the entire field of work of aviation medicine. As a result of this congress, I decided to be active in that sphere because this represented a very fortunate synthesis of my medical and technical interests.
On the 1st of January 1938 I was employed by the Air Medical Department of the DVL of which Dr. Ruff was the head. I was employed as a scientific co-worker and my special assignment was the theoretical and practical evaluation of air accidents. In addition, I simultaneously worked on air medical research questions.
Q. What, in detail, w. s your work concerning air medical research questions?
A. In addition to my accident work I had research assignments of various types which at first wore on the field of acceleration research. In the course of those experiments I worked in many airplane tests with dive bombers and carried out centrifugal experiments. After the DVL, in the year of 1939, received their own low pressure chamber, we started the work in the field of high-altitude research. I currently carried on low pressure chamber experiments, concerning flying ability and in addition there were a number of research assignments in tho field of high-altitude.