MR. McHANEY: Yes, indeed; as to that, your Honor, I think we will have to proceed and learn from experience.
JUDGE SEBRING: When you are about the offer on Exhibit in evidence, you indicate as much to the counsel for the defendants?
MR. McHANEY: Yes, of course, which, at that time, will be the signal for then to interpose such objections they may have, if any.
THE PRESIDENT: Then the court may rule on that, and I think we will have a more orderly record.
MR. McHANEY: Very well, your Honor.
We have offered without objection from the defense counsel, document No-645, as Prosecution's Exhibit 3, which is the chart of the organization of the Office of the Official Commission for the Health and Medical Services.
DR. SERVATIUS: Mr. President, I must raise an objection against the presentation of this document; at least to the extent that it is only a limited admissibility. This chart has been sworn to only to a limited extent by the defendant Karl Brandt. He has crossed out that this was a table of organization, and he has stated on the plan that it only shown the working procedure; that is, it describes which of the offices the connection was maintained. For example, it is obviously incorrect as an organization chart because it does not show any Chief of Civilian System of Health, Doctor Conti, and such an individual does not exist; that the subordination of the Chief of the Medical Services, Handloser, subordination of the Reich Services below Handloser had not existed either. This plan is composed of two other plans, and the statement of defendant Karl Brandt, the only reference to the fact that it is a composition, and his affidavit states:
"I, Professor Karl Brandt, having been duly sworn herewith state that I was General Commissioner and Reich Commissioner for the Medical and Health Service."
Otherwise no other statement has been given. I, therefore, would like to avoid the impression, as this plan shows, the subordination, and thereby would show the supervisory duties which the defendant Karl Brandt would have under the circumstances. This is my statement.
MR. McHANEY: If your Honors please, if I may answer Dr. Servatius' objection at this time before the next gentleman speaks, I think that his remarks run more to the meaning or interpretation to be given to this charge, rather than to its admissibility. At the time of his objection we had not yet proceeded to explain how we interpret this chart and what it means; but as to its admissibility it was drawn and signed by the defendant Karl Brandt upon a translation which is now before the Tribunal. As I stated, they did not appear upon the large courtroom chart because there is not sufficient room; and we did not consider it desirable to put them on the large courtroom charts which are not in evidence themselves. They are simply being used to make tho presentation a bit more clear.
DR. HANS PRIBILIA: Attorney Pribilla for Professor Rostock. I also have to object against that chart. To a large extent it is a correct picture; but it only covers a limited period of time. I believe such charts are very dangerous. They make a certain suggestion; and it is believed that things have been that way during the whole time about which the whole trial centers for the time being. This chart can be acknowledged if at the same time besides those names the date could be shown. Yesterday the prosecution said that Professor Rostock was a serious and competent scientist, the head of the University Clinic at Berlin.
Professor Rostock did maintain that position until the end of the war. First he was in charge of a very important and large surgical clinic. From this chart it appears as if the defendant had only been a collaborator of Karl Brandt. In addition to this the indictment deals with his crimes which cover a period of time from 1939 until 1945. My objection is this chart can only be at the same time. Next to it we can see before our eyes that the defendant Rostock, for example, during the whole time was head of one of the largest clinics in Germany, and at the same time, though, that only since February, 1944, he has entered this office of Professor Brandt.
THE PRESIDENT: Speak more slowly.
DR. PRIBILLA: There is not very much for me to add. I only would like to ask the High Tribunal to consider that and besides this picture to know that Rostock was only a collaborator since 1944; in 1944 the war had already progressed to such a stage in Germany that no uniform order existed any more; and that it can be very yell imagined that not everything that happened in other offices came at all to the knowledge of this office.
MR. McHANEY: If your Honors please, I am objecting to it.
THE PRESIDENT: The objection to the admissibility of this exhibit will be overruled. It will be admitted in evidence. If at any time in the future defendants desire to, they are not bound by this statement in the exhibit as the exhibit for the prosecution; and they may make any showing they like, either by cross examination or when their case is opened. Proceed
MR. McHANEY: The next remark that I was about to make before these objections were raised was that this chart shows the organization as it existed in the latter part of 1943. It does not purport to show the organization as it existed prior to that time. Office of the Reich Commissioner for Health and Medical Services developed as a gradual thing; and it did not start out in 1942 as shown by this chart. These things will be made perfectly clear during the course of our presentation. This chart is relatively simple. In the center, occupying the key position, is the defendant Karl Brandt. To the left is the defendant Handloser, Chief of the Medical Services of the Wehrmacht. To the right is Conti, Reich Health Leader and Chief of the Civilian Medical Services, who, as General Taylor told you yesterday, committed suicide in the Nurnberg jail last year.
Above is the defendant Rostock, Chief of the Office for Medical Science and Research. And below is Admiral Fikentscher, Chief of the Office for Planning and Production.
It was the power and responsibility of the defendant Karl Brandt to coordinate and direct through these subordinates the activities of the entire Health and Medical Services of the German Reich. he was the fuehrer of the German medical world. It should be made clear that we do not take the position that the Chief of the Medical Services of the Wehrmacht, under Handloser, and the Office of the Reich Health Leader, under Conti, were subordinate to Brandt for all purposes. As Karl Brandt says in his explanatory note on the chart which is before your Honers, the Office for Medical Science and Research, under Rostock, and the Office for Medical Planning and Economy, under Fikentscher, were personally responsible to him.
We do take the position, however, that Handloser and Conti were subordinates to Karl Brandt insofar as medical and scientific research is concerned; and I think that the decrees which I will introduce in a moment will make that amply clear.
Before discussing the chart in any more detail, I should like to introduce and read the affidavit of Karl Brandt. This is Document NO-475 and is offered as Prosecution Exhibit 4. This is on Page 9 of the English Document Book before the Court.
"I, Dr. Karl Franz Friedrich Brandt, being duly sworn, depose and states:
"1. I was born on 8 January 1904 at Muehlhausen/Elsass, Germany.
I studied medicine at Jena, Freiburg, Munich, and Berlin, and passed my state examination in Freiburg in 1928. Thereafter, I became an assistant at the Bergmannsheil Hospital in Bochum, later at the Surgical Clinic of the University of Berlin.
"2. I became a member of the National Socialist Party in January 1932. My Party number was 1,009,617. I became a member of the SA in 1933. In the summer of 1934 I became Hitler's personal physician and on 29 July 1934 I became a member of the General (Allgemeine) SS. My number was 260,353. I did not hold office either in tho General SS or, later, in the Waffon SS.
"3. I was appointed Untorsturmfuehrer in the General SS on 29 July 1934 and Obersturmfuehrer in the General SS on 1 January 1935. I received my military training with the replacement battalion (Ersatzbataillon) of the 12th Infantry Regiment at Blankenburg/Harz). Later I took part in military maneuvers at army hospitals in the military district of Berlin. On 11 May 1936 I was the recipient of the "Death-head Ring." That, your Honors, is a ring given by tho SS.
"4. In 1938 I was deferred so that in case of war I might serve on the staff of the Reich Chancellery in Hitler's Headquarters. After the outbreak of war in 1939, I visited all fronts except the Balkan, Horway, Africa, Holland, and Denmark.
"5. On 20 April 1939, I was promoted to the rank of Obersturmbannfuehrer of the General SS. By the Fuehrer Order of 1 September 1939, I, in conjunction with Reichsleiter Philipp Bouhler, was charged by Adolf Hitler with extending the authority of certain physicians so that, after most critical examination, they were able to accord a mercy death to certain incurably ill persons. I was transferred from the SS Central Office (SS Hauptamt) in Berlin to the Waffon SS.
10 Dec 46 M LJG Blakley 4-5 My position as personal physician to the Fuehrer remained unchanged.
My military status in the Army (Oberstabsarzt) was not affected by the transfer.
"6. By order of the Fuehrer Decree dated 28 July 1942, I was appointed General Commissioner for Health and Sanitation (Generalkommissar dos Fuehrers fuer das Danitaets und Gesundheitswesen). In this position I was directly responsible to the Fuehrer Adolf Hitler. I was simultaneously promoted to the rank of Standartenfuehrer in the Waffen SS. On 30 January 19453 I was promoted to Brigadefuehrer Waffen SS.
"7. On September 5, 1943, by Fuehrer Decree my responsibilities as General Commissioner were enlarged. I refer to the contents of this decree. On 20 April 1944, I was promoted to Gruppenfuehrer of the Waffen SS." That, your Honors, is equivalent to the rank of Major General in the United States Army.
"8. On 25 August, 1944, by decree of the Fuehrer, I was appointed Reich Commissioner for Health and Sanitation (Reichskemmissar fuer das Sanitaets- und Gesundheitswesen) and as such was authorized to issue instructions, within my sphere of dutied to all organizations of the State, Party, and Armed Forces in all matters concerned with the problems of sanitation and health. This decree did not become fully operative because a planned decree for a "Chief of Public Health" (Chef des zivilen Gesundheitswesens) was not issued due to administrative delay.
"9. I became Dr. Paul Rostock's superior in 1943 after the second Fuehrer Decree of 5 September 1943, but only in regard to the administration of the Office of Science and Research (Amt Wissenschaft und Forschung). Rostock did not start his activities until 1944, when he took over the office Beolitz. That was about February or March. (The given dates were confirmed to be right.) (Signed) Karl Brandt."
DR. SERVATIUS: Mr. President, Attorney Servatius, for defendant Carl Brandt. Because of a mistake in the translation, Mr. President, I am turning to you. Carl Brandt says that he had been escort physician. It has been translated as personal Physician. As far as I know Brandt was not the personal physician but he had to be ready to accompany Adolf Hitler whenever he drove away in his car. Thus, he mainly had to wit. He had nothing to do with the medical treatment of Adolf Hitler. This difference may be of importance to the defense. That is the reason why I want to direct the attention of the President to the fact.
THE PRESIDENT: Dr. Servatius, will you please point out in the document itself where you say that discrepancy occurs?
DR. SERVATIUS: It is under Point 2 in the third line. Later on the expression occurs again "escort physician." However, I have not followed it and I am not saying that translations were chosen.
BY JUDGE SEBRING: Are you referring to that portion of Paragraph 2 which reads: In the summer of 1934 I became Hitler's personal physician?"
DR. SERVATIUS: Yes.
BY JUDGE SEBRING: And you say that ------
DR. SERVATIUS: He was only the physician who had to accompany him, because he was not the physician who had to give medical treatment.
BY JUDGE SEBRING: You make the distinction then between "personal physician" and "escort physician?"
DR. SERVATIUS: I cannot give an estimation as to the correct English translation. Dr. Morrell was his personal physician.
MR. MCHANEY: If your Honor please, I am not inclined to quibble about this translation. We translated it "personal physician." If he wants to make it "escort physician" that's all right with us.
BY THE PRESIDENT: That will be ordered.
MR. MCHANEY: We, of course, do not accept his remarks that Karl Brandt in effect was some sort of chauffeur. Thus, we have in the defendant Karl Brandt a man who was a Major General in the SS, the escort physician to Hitler and Reich Commissioner of the Health and Medical Services. As to Brandt's position as Reich Commissioner, I would now like to introduce three decrees of the Fuehrer showing the evolution of this office.
They are taken the Reichgesetzblatt, which was an official German Government publication comparable to the Congressional Record. The First of these decrees is Document NO-080 and we offer it as Prosecution Exhibit No. 5. It reads as follows:
"1. For the Wehrmacht I commission the Medical Inspector of the Army, in addition to his present duties, with the coordination of all tasks common to the Medical Services of the Wehrmacht, the Waffen SS and the organizations and units subordinate or attached to the Wehrmacht, as Chief of the Medical Services of the Wehrmacht.
"The Chief of the Medical Services of the Wehrmacht is to represent the Wehrmacht before the civilian authorities in all common medical problems arising in the various branches of the Wehrmacht, the Waffen SS and organizations and units subordinate or attached to the Wehrmacht, and will protect the interests of the Wehrmacht in all medical measures taken by the civilian authorities.
"For the purpose of coordinated treatment of these problems a medical officer of the Navy and a medical officer of the Luftwaffe will be assigned to work under him, the latter in the capacity of Chief of Staff. Fundamental problems pertaining to the medical service of the Waffen SS will be worked out in agreement with the Medical Inspectorate of the Waffen SS."
MR. MCHANEY: I have just completed the duties of the Office of Handloser which you see on the left on the chart. This decree covers work to be done by the defendant Handloser, by the defendant Karl Brandt and by the deceased Dr. Conti. The second paragraph deals with Conti and it reads as follows:
"In the field of Civilian Health Administration the State Secretary, in the Ministry of Interior and Reich Chief for Public Health, Dr. Conti, is responsible for coordinated measures. For this purpose he has at his disposal the competent departments of the highest Reich authorities and their subordinate offices."
MR. MCHANEY: And here some more to Karl Brandt.
"I empower Prof. Dr. Karl Brandt, subordinate only to me personally and receiving his instructions directly from me, to carry out special tasks and negoti ations to readjust the requirements for doctors, hospitals, medical supplies, etc.
between the military and the civilian sectors of the Health and Medical Services.
"5. My plenipotentiary for Health and Medical Services is to be kept informed about the fundamental events in the Medical Service of the Wehrmacht and in the Civilian Health Service. He is authorized to intervene in a responsible manner."
MR. MCHANEY: That last paragraph is, of course, discussing Karl Brandt and it states he is to be kept between the defendant Handloser and between the deceased Doctor Conti and it also states that he is authorized to intervene in what is described as a "responsible manner." Signed by Adolf Hitler and Keitel. The second decree of the Fuehrer which I offer at this time is Document NO. 081 and as Prosecution Exhibit 6. This is from the Reichgesetzblatt, found on page 533. The second Fuehrer Decree concerned the Medical and Health Services, 5 September 1943.
"In application of my decree concerning the Medical and Health Services of 28 July 1942" -- which I have just read -- "I order: The plenipotentiary for the Medical and Health Services, General Commissioner Professor Dr. Med. Brandt is charged with centrally coordinating and directing the problems and activities of the entire Medical and Health service according to instructions. In this sense this order applies also the field of medical science and research as well as with the organizational institutions concerned with the manufacture and distribution of medical material.
"The plenipotentiary for the Medical and Health Services is authorized to appoint and commission special deputies for his spheres of action." Signed by the Fuehrer and the Reich Minister and Chief of the Reich Chancellery, Dr. Lammers."
MR. MCHANEY: Now Dr. Brandt will tell us that is job was simply to allocate doctors and medical supplies as between the military and health services. We do not deny that this was one of his functions but the decree I have just read very explicitly states that his power and responsibility extended to medical science and research.
It was on the occasion of this second decree that tho defendant Rostock was appointed by Karl Brandt to the position as head of his office for Medical Science and Research. The third and final decree is Document NO. 082 which we offer as Proexecution Exhibit 7. This is from the 1944 Reichgesetzblatt Part 1, page 185. Fuehrer Decree Concerning the appointment of a Reich Commissioner for Medical and Health Services.
25 August 1944.
"I hereby appoint the General Commissioner for Medical and Health Matters, Professor Dr. Brandt, Reich Commissioner for Sanitation and Health as well, for the duration of this war. In this capacity his office ranks as the highest Reich authority.
"The Reich Commissioner for Medical and Health Services is authorized to issue instruction to the offices and organizations of the State, Party and Wehrmacht which are concerned with the problems of the Medical and Health Services." Signed by the Fuehrer, Dr. Lammers, the Director of the Chancellory of the Party, Martin Bormann and the Chief of the OKW, Keitel.
MR. MCHANEY: This decree promoted the defendant Karl Brandt to a rank equivalent to that of a Reich Minister. I turn now to the affidavit of the defendant Rostock, which is Document NO. 676 and which we offer as Prosecution Exhibit 8.
"I, Dr. Paul Ludwig Ernst Rostock, being duly sworn, depose and stated:
1. "I was born January 18, 1892 at Kranz, district of Meseritz, Germany. I studied medicine at the Universities of Groifswald and Jena. In 1921 I received my doctorate and was appointed Assistant Surgeon at the Surgical Clinic of Jena. From 1927 until 1933 I was Chief Surgeon at the Bergmannsheil Clinic of Jena.
2. "In 1933 I was appointed Chief Surgeon at the Surgical Clinic in Berlin. Professor Magnus, who was Surgeon-in-Chief at the Clinic, went in 1936 to Munich and I was appointed deputy Surgeon-in-Chief at the Clinic, went in 1936 to Munich and I was appointed deputy Surgeon-in-Chief and charged with the duties of Surgeon-inChief. In 1941 I was officially appointed Chief of the Clinic.
"3. I joined the NSDAP in 1938 or 1939, and received the rank of Generalarzt in the reserve."
MR. MCHANEY: If your Honors please, that's rather purely written. It doesn't mean that he received the rank of Generalsrzt in the Nazi Party. It merely means that he was a General in the Medical Service in the Reserve of the Army.
"From 1939 until the end of the war I was consulting Surgeon to the Army and subordinate to the Military Medical Academy in Berlin. Dr. Handloser was my superior.
"4. In Winter of 1943 I was appointed Chief of the Office for Medical Science and Research. This department belonged to the office of Dr. Karl Brandt, Reich Commissioner for Health and Sanitation. I remained in this position until the end of the war." Signed "Paul Rostock."
MR. MCHANEY: Thus Rostock was, until the latter part of 1943, a consulting surgeon to the army under the defendant Handloser. After that time he took the poition under Karl Brandt as Chief of the Office for Medical Science and Research. It was his job, among other things, to see to it that the scientific facilities of Germany were usefully employed and that there was no duplication of research work. This, of course, required that he have a detailed knowledge of medical and scientific research in Germany. On the chart before the Tribunal we see some of the scientific groups over which he had supervisory control in so far as research was concerned. These included the Reich Research Counsel, about which the Tribunal will hear more shortly.
MR. PRESIDENT: At this time the Tribunal will be in recess for 15 minutes.
BY MR. McHANEY: To clear up the question of the admissibility of the documents which we have thus far offered this morning I would like to state that the Prosecution understands that if no objection is raised by defense counsel at the time that the document is offered, then it is to be assumed that the document is in fact admitted into the record.
THE PRESIDENT: It is our understanding that the defense counsel understands that very well.
MR. McHANEY: So much for the office of the Reich Commissioner for Health and Medical Service.
I would like to turn now to Document No. 2082, which will be Prosecution Exhibit No. 9. This is a chart by the defendant Handloser and shows the organization of the medical service of the Wehrmacht. This chart is now before the Court in an enlarged form on a frame behind the witness box.
Before discussing the chart I will read the affidavit of Handloser, which is document No. 443, and this will be Prosecution Exhibit No. 10, and the chart is No. 2082:
"I, Dr. Siegried Handloser, being duly sworn, depose and state:
1. I was born in Konstanz (Badon) in 1885. I began my medical studies in the year 1903 as a student at the Kaiser Wilhelm Academy. I passed my premedical examination at the University of Berlin in the year 1905, and my state examination at the University of Berlin in the year 1910. In 1910 I was assigned to the Military Hospital and the 14th Field Artillery at Strassbourg, and in 1912 I became Chief Medical Officer of the Airship Battalions 1 and 2,1 which were stationed in Berlin, and in this capacity I directed research work for the observation of the hemoglobin level at various altitudes. I also became a certified free balloon pilot.
2. In 1914 I became first lieutenant (Medical) on the staff of physicians of the Guard Corps, and after the outbreak of the first World War I served on the Western Front in the Guard Regiment, as well as the Guard Corps Headquarters. In 1916 I become Commanding Officer of a division medical unit, and from 1918 until 1920 I was the Chief Medical Officer of a Division which was used for the suppression of communistic revolts.
3. From 1920 until 1923 I was attached to the Medical Clinic of the University of Giessen for training as a specialist for internal diseases. From 1923 until 1928 I was Chief Medical advisor of corps area V at Ulm, and from 1928 until 1932 I was attached to the Chief of Medical Service, OKH, as Chief of the division for Military Hospitals and Patients. In 1932 1 became Chief Medical Officer at the corps area Stuttgart. From 1935 until 1938 I was Chief Medical Officer with Army Group Command 3. In 1938 I became Chief Medical Officer of the German forces in Austria under General List, who later become Field Marshall.
4. On 1 September 1939 I became Chief Medical Officer of the 14th German Army, and accompanied this army, which was commanded by General List, during the Polish campaign. I served as Chief Medical Officer of the 12th German Army during the campaign in France. On 6 November 1940 I because Deputy Army Medical Inspector, replacing Weldmann.
5. On 1 January 1941 I was appointed Waldmann's successor because the latter was dying. At this time (1 January 1941) General Ott was Chief Medical Officer of the Field Forces. In February 1941 Ott resigned, and I suggested, that the two Medical Departments, namely the Army Medical Inspectorate, which was under the control of the OKH, and the office of the Chief Medical Officer should be united. Since the principle of the independent authority of command was in harmony with the independent control by the OKH, I was ordered to unify the two offices tentatively. In April 1941 I received the official permission to keep both positions. But I was asked to retain two departments which were separated from each other.
"6. By decree of the Fuehrer of 28 July 1942"--which I have already read--"I became head of the Wermacht Medical Services and besides maintained both physicians at the OKW"--If your Honor please, that should red OKH rather than OKW--"Dr. Karl Brandt, General Commission for Health--for Medical and Health matters-- and later Reich Commissioner for Medical and Health matters, was my immediate superior in medical affairs.
"7. By decree of the Fuehrer of 28 June 1942, which referred to Medical and Health matters, I was commissioned to supervise all phases of the Medical Service of the Wehrmacht and of all organizations subordinated or attached to the Wehrmacht, including the Waffen SS.
"8. On 1 September 1944, the personal union between the Army Medical Inspector and the head of the Wehrmacht Medical Service was repealed by decree of the Fuehrer. I kept my position as Chief of the Wehrmacht Medical Service and General Walter was appointed to take over my two positions in the OKH."
Signed: "Dr. Handloser" Thus, the defendant, Handloser, occupied dual capacity over most of the period in which we are interested.
From the latter part of 1940 until September 1944, Handloser was Chief of the Army Medical Inspectorate; while from July 1942 until the end of the war, he was also Chief of the Medical Services of the Armed Forces or Wehrmacht. The chart before the Tribunal shows, on the left side, part of the organization of the Army Medical Inspectorate. (I take it was on the left side in the small chart which the Court has on its desk. They apparently have somewhat changed the setup due to the space on the large chart bow on the screen.)
During the course of the trial, you will hear mention made of the Military Medical Academy in Berlin, of the Typhus Institute of the OKH under Dr. Eyer, and also in connection with the freezing experiment of the Institute at St. Johann. Now all of those organizations--Military Medical Academy, the Typhus Institute of the OKH under Dr. Eyer, and the Institute at St. Johann-were subordinated to the Army Medical Inspectorate and the Chief of the Army Medical Inspectorate from 1940 until September 1944 was Handloser. Immediately below the Army the Army Medical Inspectorate on the chart, we have a breakdown of the organization of the Military Medical Academy.
This Academy held meetings at least once a year which were attended by the foremost doctors in Germany, including a number of the defendants in the dock. The proof will show that at one of these meetings, reports were given on the typhus and sulfanilimide experiments on concentration camp inmates.
As Chief of the Medical Services of the Armed Forces, Handloser had subordinated to him, all of the medical services shown across the top of this chart; the Army, the Navy, the Luftwaffe, the Waffen SS, the Organization Todt, and the Reich Labor Front. Thus, Erich Hippken, Chief of the Luftwaffe Medical Inspectorate, his subordinate, the defendant, Schroeder, as well as the defendant, Genzken, as Chief of the Medical Service of the Waffen SS, were all subordinated to Handloser. Handloser limits his jurisdiction over the Waffen SS to front-line troops and it is interesting to note that on the chart, he specifically states that the Institute for Typhus and Virus Research at the Buchenwald Concentration Camp was not subject to his command. The Typhus Institute at Buchenwald is shown on the chart before the Court under the Waffen SS. (I think it is the lower box.)
In Note 5 on the chart, which was drawn and certified by the defendant, Handloser, and which was brought into evidence, he states the following: (and I quote).
"Whether there was an exchange of letters between the Typhus Institute of the OKH under Dr. Eyer"--which is on the left part of the chart--" and the Typhus Institute of the Waffen SS, how extensively and through which channels it was carried on, is not known to me. Anyway, if there was such an exchange, it did not pass through my hands. The report on the production of spotted fever vaccine in Dr. Eyer's Institute, went to the Army Medical Inspectorate. Also, a requirement of the Wehrmacht branches were reported to that office. The distribution was made from a central point which accorded priority to matters of urgency."
This is clearly the defensive argument of a man who strongly suspects that the prosecution has found proof of the complicity which he knows to exist of offices directly subordinated to him in the murderous typhus experiments at Buchenwald.
Before passing on, I want to introduce Document NO-227 as Prosecution Exhibit 11.
THE TRIBUnAL (JUDGE SEBRING): Mr. McHaney, before passing on to the next one, it may be that I have the wrong chart here.
MR. McHANEY: Which number is that, Your Honor?
THE TRIBUNAL (JUDGE SEBRING): But in your statements before the Tribunal, you kept reading, apparently from this statement of Dr. Handloser and talking about typhus. My translation here talks about the Spotted Fever Institute.
MR. McHANEY: Well, Your Honor, that is simply a question of translation. I think that you will finding a number of our documents that the German word "Fleckfieber" has been translated "spotted fever". That is not to be confused with the disease which is common in the United States-- at least on the West Coast--known as "Rocky Mountain Spotted Fever". We are not here charging the defendants with having experimented with Rocky Mountain Spotted Fever, but rather with "Fleckfieber" or typhus, which is sometimes known in our country as "Spotted Fever".
I was just offering for admittance into evidence, Document No-227 as Prosecution exhibit 11. This is a decree by Hitler and an order by Keitel restating the responsibilities of Handloser as Chief of the Medical Services of the Wehrmacht. It was on the occasion of this decree that Handloser surrendered his post as Chief of the Army Medical Inspectorate, and threrafter, he occupied simply the position of Chief of the Medical Services of the Wehrmacht.
I would like to read parts of this exhibit. This is dated 7 August 1944.
"The Fuehrer and Supreme Commander of the Wehrmacht:
"To obtain a better concentration of powers in the field of Medical Service of the Wehrmacht, I order in extension of my decree of 28 July 1942:
"First: The Chief of the Medical Service of the Wehrmacht will direct, as far as the special field is concerned, the Medical Services of the Wehrmacht and the organizations and services installed within the homework of the Wehrmacht."
--which should probably read "framework"--He is authorized to issue orders within the special field of his jurisdiction.
"Second: I approve the service regulation for the Chief of the Medical Services of the Wehrmacht issued by the Chief of the High Command of the Wehrmacht. It will replace the one of 28 July 1942, which was in effect up to now.
"Third: The personal union of the Chief of Medical Services of the Wehrmacht and the Chief of the Medical Services of the Army is herewith cancel ed as of September 1944."
Now, the Service Regulation issued by Keitel is also part of this same document, and is on the next page. It is also dated 7 August 1944 and is entitled "Service Regulation for the chief of the Medical Services of the Wehrmacht". The first article deals with "Subordination and Powers."
"One: The Chief of the Medical Services of the Wehrmacht will be directly under the Chief of the High Command of the Wehrmacht. He will have the position of an Office Chief, and the disciplinary power, according to Paragraph 18 of the Wehrmacht Regulation for Disciplinary Motion and the other powers of a Commanding General.
"Two: He has authority according to No.1 of the Fuehrer Decree over the following:
"a) The Chief of Army Medical Service, the Chief of Navy Medical Service, the Chief of the Medical Service of the Luftwaffe, the Chief of the Medical Service of the Waffen SS, and the Medical Chiefs of the organizations and services employed within the framework of the Wehrmacht while they are acting in the area of command of the Wehrmacht.
"b) All scientific medical institutes, academies and other medical institutions of the services of the Wehrmacht and of the Waffen SS."
"II. Duties.
1. The Chief of the Medical Services of the Wehrmacht is the advisor of the Chief of the High Command of the Wehrmacht in all questions concerning the Medical Services of the Wehrmacht and of its health guidance.
2. The Chief of the Medical Services of the Wehrmacht will direct the total Medical Services of the Wehrmacht as far as the special field is concerned, with regard for the military instructions of the Chief of the High Command of the Military Service and the general rules of the Commissioner General for Medical and Health Departments." (The reference is to the defend ant, Karl Brandt.)
"3. The Chief of the Medical Services of the Wehrmacht will inform the Fuehrer's Commissioner General about basic events in the field of the Medical Services of the Wehrmacht.
He will represent the Wehrmacht to the civilian authorities in all mutual medical affairs and he will protect their interests in connection with the health measures of the civilian administrative authorities.
He will represent the Medical Services of the Wehrmacht to the Medical Services of foreign powers.
4. Other duties of the Chief of the Medical Services of the Wehrmacht will be:
a) in the medical-scientific field: Uniform measures in the field of health guidance, research, and the combatting of epidemics and all medical measures which require a uniform ruling among the Wehrmacht. Evaluation of medical experiences.
Medical matters of the recruiting system, of the welfare and maintenance and of the prisoners of war.
He is the president of the scientific senate of the Medical Services of the Wehrmacht."
(B deals with organization and training system, which I will not read).
(I note again from Article III, which is Special Powers, page 22, of the English Document Book.)
"1. The Chief of the Medical Services of the Wehrmacht is entitled to request from the services all records necessary for the performance of his assignments.
2. He is entitled to express his view on the appointment of medical officers or medical leaders in the Wehrmacht and also in the units of the Waffen SS which are subordinated to the Wehrmacht - if the position is that or a Generalarzt or a higher position. Before filling these positions his opinion has to be heard.
3. He is untitled to inspect the medical service, the medical units, the medical troops, and installations of the Wehrmacht after having informed the High Command of the Service concerned or the headquarters of the units concerned. He is entitled to give orders on the spot in the field of medical service, if these are necessary for the removal of emergencies and do not disagree with fundamental orders of the Services. He has to inform the High Commands of the services concerned about the results of the inspections and about the issued orders.
4. Fundamental changes in the organization of the Medical Service, in the subordination of medical officers, non-commissioned officers, and enlisted men and of the officials and employees of the Medical Service require the consent of the Chief of the Medical Services of the Wehrmacht.
5. The Deputy of the Chief of the Medical Services of the Wehrmacht shall be the senior Medical Inspector or the Medical Chief of one of the services. The Chief of Staff will act as his deputy for routine duties." (Six deals with the title which the Chief of the Medical Services shall use when on issuing orders.)
"7. For the Chief of the Medical Services of the Wehrmacht the new table of organization of 1 April 1944 is taking effect.
The necessary personnel has to be taken from the Services, etc., above all from their Medical Inspectorates or Offices.
Signed: KEITEL" (It can be seen from this decree, which I have read, how bread and extensive were the powers, responsibilities, and duties of the defendant, Handloser, as Chief of the Medical Services of the Armed Forces.
We come now to the group of Luftwaffe defendants. These are Schroeder, Rose, Becker-Freyseng, Weltz, Ruff, Romberg, Beiglbock, and Schaefer. Before reading the affidavits giving the personal histories of these defendants I would like to introduce two charts, signed by the defendant Schroeder, showing the organization of the Medical Service of the German Air Force. Doc. No. 418, which will be Prosecution Exhibit 12, gives the organization as it was from 1941 until the end of 1943. Now I had hoped that at this time we would have charts similar to the one before the Court which would show the organization of the Luftwaffe. However, due to mechanical and supply difficulties we were unable to get the charts prepared and, accordingly, will have to use the smaller charts which the Court now has. I think it would be helpful in presentation if I now introduce the second Luftwaffe chart which shows the organization following December 1943. If the Court could have these two charts open before them during the presentation I will try to indicate the positions of the defendants on each of the two charts as it may have changed.)
THE TRIBUNAL (Judge Sebring): What is the number of the last exhibit to which you refer?
MR. McHANEY: The last exhibit I have not as yet shown as submitted is Doc. NO-419, and will be Prosecution Exhibit 13. This chart, as I said, covers the period from 31 December 1943 until the end of the War. These charts are very complicated, as the Court may see, but we shall discuss them only to the extent necessary to bring into clear focus the positions of the defendants in the dock. On the upper right had side of both charts, we find the positions of Karl Brandt, Rostock, and Handloser in relation to the Medical Service of the Luftwaffe. The cross-hatched, dealing now with No-418, lineleading to Hippke and Schroeder, from the office of Karl Brandt and Rostook and Handloser -- this cross hatched line, represents the channel of comma in technical or medical matters. You will note on the chart, after 1943 NO-419, to the right that Rostock by 1944 had a direct line of command (represented by the unbroken line) over Schroeder as to Science and Research.