Q How about the children?
AAt the time there was always talk about the final medical aid.
Q Well, if I understood you correctly, the matter was seen from a medical point of view. That was the decisive point of view.
A Yes. I have only taken notice of the medical point of view.
Q Now was the procedure actually carried through from this point of view? Wasn't this program actually conducted beyond their limits in its execution?
A In its execution the program was exceeded by far. I personally have not seen it, but on the basis of the reports I received, I must say that there certainly were excesses.
Q Witness, how was it in your institution with reference to excesses?
A In my institute things were only done on the basis as had been authorized by law.
Q You had therapy stations?
A We had three therapy stations. Of course, it was not a very nice view to watch these transports.
Q Well, you said that later eastern workers were picked up?
A Yes.
Q Wasn't that in excess of the original order which you received?
A I cannot say that. That just came to my knowledge.
Q Do you know where the order came from to transport these people away?
A From the Ministry of the Interior. It was given to us by an office of the Ministry of the Interior.
Q You mean the Reichsminister of the Interior.
A Yes.
Q You further mentioned that in August, 1941, the Action was concluded, that it stopped. Do you know the reason for that?
A Yes. I do not know the official reason, but I have heard of it unofficially. I have heard that Von Galen had raised a protest; and that for this reason the whole procedure was being stopped. I want to state that I cannot say that with certainty, but for me it was anyway a reason.
Q Well, was this procedure actually stopped at the end?
A No. I immediately assumed when Hadamar was being closed that some other institute would continue with this task or that the procedure would be followed up in some other way. That is also what Mr. Von Hegener said whenever he was present.
Q You said that these eastern workers were transported by the same buses as was the case before?
A Yes. Those were the same buses. They were big black buses, and the drivers were known because they used to come frequently.
Q Were they buses of the Gauleiter's office or who did these buses belong to?
A These buses were owned by the transport company, of the patients' transport company in Berlin. After all, the personnel had remained in part in Hadamar.
Q Wasn't their local personnel there?
A No, there wasn't medical personnel.
Q. You later said something about the excesses with reference to the program. Would you have to differentiate there how it was until the Action war stopped in 1941, or how it was later on? What excesses do you know of until the Action was stopped in 1941?
A You mean individually?
Q Yes, in your institution.
Q There were none at all in our institute. People were being moved and transported away.
Q In that case you acted according to directives?
A Yes, sir. I personally was not in charge of this Action, but I was only the director there, but as far as I know by the nursing personnel nothing indecent ever happened. Of course, some of the patients refused to enter the buses. Of course.
Q And weren't these cases extreme cases that were sent for this Euthanasia Program?
A Yes. Of course, it depends where the limit is drawn. One can maintain the concept that a large part of the patients, perhaps, might have been improved through modern shock treatment or some other modern methods of treatment that a certain change in the standard of the disease could have been brought about; but in considerably progressed cases of insanity, in my opinion, most of the patients could not be exchanged to have any joy of life.
Q Did you at that time hear about any Action 14 F 13?
A I have never heard anything about this Action. I do not know the -
Q Didn't you ever hear anything about it?
A Now during my interrogation I have been asked about the number, but I do not know anything about it.
Q You were speaking about special authorizations which were given in special cases?
A Yes.
Q Where did these special authorizations originate from and who signed them?
A Just like all the others, by Mr. Von Hegener.
Q With reference to the procedure in Wiesbaden, the proceedings in Wiesbaden where you were sentenced, was the activity of Karl Brandt mentioned?
A No, only a letter from Hitler to Brandt and Bouhler was presented.
Q Is that the so-called Euthanasia decree?
A That is the decree of the first of September, 1939.
Q Do you know Professor Karl Brandt?
A I have never seen him.
Q Haven't you ever seen his name underneath written letters?
A No.
Q DR. FROESCHMANN: Dr. Froeschmann, Counsel for the defendant, Viktor Brack.
Q Witness, this morning you were speaking on two occasions that Hegener in the year of 1944 had told you that Professor Brandt did not have the medical leadership but it was Brack who held that, is that correct?
A. Yes. Hegener told me on the occasion of his visit at Eichherg in '44 after the plot on Hitler that Brandt was not the director of the Action anymore, and not the person in charge, as he expressed himself, but that Brack was handling everything by himself.
Q. Did he tell you from what period of time Brack received the sole leadership?
A. No.
Q. Now if I was to tell you that Brack over since April, 1942, was at the front with the Waffen SS and in that way was not at all in the position to lead this Euthanasia Program, wouldn't you then think that you were the victim of a deception with reference to the name of Brack?
A. I do not believe so because he must have had some practical work in the Chancellery because the name of Brack was discussed at various occasions even in some other connections.
Q. In connection with what?
A. Also in 1943.
Q. 1943?
A. Yes, also.
Q. Did you have opportunity to observe the activity of Brack within the framework of the Euthanasia Program personally?
A. I personally did not, but my chief did.
Q. Then you cannot say personally whether Brack really made any personal decisions or whether it was Bouhler who did that? Did you understand my question?
A. I cannot tell you that.
Q. That you cannot tell me. You mentioned this morning the name of Heffelmann and then Hegener, and you mentioned these names in connection with the Reich Committee, is that correct?
A. Yes.
Q. Do you know anything about the fact that after Heffelmann was sent to the front Hagener became the so-called righthand of Linden?
A. Yes. I know that Linden in 1942 visited Eichberg, that he visited Dr. Mennecke, that on this occasion Dr. Linden was also introduced to me as the person in charge of the Euthanasia Program. To what extent he took over these assignments, I do not know.
Q. You said this morning that Brack was the leader of the Reich Committee. Where did you gain that knowledge?
A. From a Mr. Von Hegener.
Q. Mr. Von Hegener. Well, you don't know anything about that personally?
A. No, I have never had any personal contact with Brack.
DR. FROESCHMANN: In that case I have no further questions.
DR. SAUTER: Dr. Sauter counsel for the defendant Blome.
DR. SAUTER:
Q. Witness, with reference to the chart which is behind you. I want to put to you one question. This morning you confirmed the accuracy of the chart with a few exceptions. Will you please take one more look at the chart next to the name of Dr. Conti you see a yellow square, and then a brown square with the name of Blome, connected with the name of Dr. Conti with a green line. Do you know what that means, witness?
A. Yes.
Q. Well, I am now asking you, can you from your own knowledge say that Professor Blome was connected with the euthanasia program?
A. I do not know that from my own knowledge. I only know that Professor Blome was Deputy to Conti.
Q. Where did you get that knowledge from?
A. I was in a position to know that.
Q. This general statement of yours is not sufficient. I want something particular about it. How did you know that Professor Blome was active in the Euthanasia program?
A. I don't know that.
Q. You don't know that.
MR. STAUTER: In that case I have no further questions.
THE PRESIDENT: Any further questions of this witness by any of the other defense counsel? Any re-direct examination by the Prosecution?
RE-DIRECT EXAMINATION by MR. MCHANEY:
Q. Witness, I have about four short questions to put to you. Did you ever get an order to exclude non-German Nationals from the Euthanasia program?
A I did not receive such an order, no. I have not received any orders of this kind. I received none at all.
Q Was the euthanasia restricted to persons about to die, that is, persons whom you might describe as being on their deathbed?
A Well, that was what we understood by it. If these persons were insane, or if they had a severe malformation of insanity or idiocy, and then if there was additional physical illness.
Q Witness, the question I put to you is whether only such persons were in fact exterminated?
A Yes, I assume so.
Q Witness, in your own station at Eichberg, is it not true that you just stated on cross examination that persons resisted getting into the bus?
A Yes.
Q That persons was not about to die, was he or she?
A No. It was like this. I have already stated that there can not be an exact limit named with these insane people, with insane persons who have become complete idiots, and they can not be rectified with any medical aid, those were also included in the euthanasia program.
Q Witness, was not the same people in charge of the euthanasia program after August 1941 as were in charge of the euthanasia program prior to that date?
A Yon mean in a leading position?
Q No, I mean, witness, did not you receive your orders from the same organizations after August 1941 that you did before?
A Yes, received them from the same organizations. They were always signed Herr von Hegener, by some of their gentlemen.
MR. McHANEY: That is all.
DR. SERVATIUS: Dr. Servatius for Karl Brandt.
DR. SERVATIUS:
Q Witness, you yourself were only concerned with children, is that correct A (No answer)
Q Can you describe, witness, what cases you were concerned with which lead to the euthanasia later on?
A There were all kinds of brain malformations, which also caused a sort of idiocy. They were mostly a multiple disease which caused euthanasia.
Instability together with hereditary disease, or they were multiple diseases expressed as schizaphrenia, a severe insanity which is schizaphrenia.
Q I take it there were no papers to this effect?
A No, these papers were destroyed by order of the Reich Archives.
Q Another question in reference to foreigners. Did I understand you correctly to say that no foreigners were in the institute?
A Yes, we did have foreigners, but only a very few, and they were partially moved in signal transports. There were probably ten individual transports which were accompanied by nursing personnel, and later on they were moved with these collective transports, as I have stated before.
Q Were these civilian workers?
A Yes, we did not have any others. They were only civilian workers.
Q Was that after the action was stopped in 1941?
A Yes, that was even after the discontinuance.
Q. How was it before in reference to foreigners, do you know of any such cases?
A I was not there previously.
Q Then you don't know it?
A No.
DR. SERVATIUS: I have no further questions.
DR. FOERSCHMANN: Dr. Foerschmann for the defendant Brack. Mr. President, the re-examination by the Prosecutor has caused me to put a few more questions to the witness.
DR. FOERSCHMANN:
Q Witness, you were speaking of the fact that in the Autumn of 1941, that is, after the stopping of the action, you were still receiving directives from Berlin?
A Yes.
Q Did these directives refer to the Reich Committee, or to the so-called euthanasia program of insane persons?
A They referred to the Reich Committee.
Q The Reich Committee, all right.
DR. FOERSCHMANN: I have no further questions.
THE PRESIDENT: Is there any further questions to be asked the witness? There being no further questions of the witness, the witness will be excused.
The witness excused.
DR. GAWLIK: Dr. Gawlik, counsel for the defendant Hoven. Mr. President, I want to say the following. On the 10th of December I asked for an examination of the witness coming from Holland. The General Secretary told me by way of writing yesterday that the calling of this witness was denied, in view of the fact that many difficulties prevail in getting the witness here, and in dealing with the foreign jurisdiction. High Tribunal, I ask you to re-consider that decision, and thereby consider the following points of view. The case of the defendant Hoven has a special significance. The defendant Hoven is the only defendant who for sometime was a camp physician in a concentration camp. Through proceedings against the defendant Hove, it will be an important factor just how the defendant Hover behaved towards the non-German inmates. Especially, whether in the case of non-German inmates he committed any crimes. Proper witnesses for the purpose are former non-German inmates of the Concentration Camp Buchenwald, and it is for that reason that I ask that some of these persons be called to the witness strand.
I have now received a decision on one such request. If the person cannot be called, it will not be possible for me to produce a large amount of material in favor of the defendant.
Furthermore, I beg you to consider that during the proceedings of the IMT non-German persons were put on the witness stand and were examined here. For instance, the Swedish citizen Dahlerus from Sweden, and the Dutch citizen Goldschmidt in the case against Sayss-Inquart, and in such case also inquiry was made.
Furthermore, gentlemen of the Tribunal, I ask to take consideration of the fact that the Prosecution has already called non-German persons for the Prosecution. There were French citizens, and Polish citizens examined here, and it is for that reason that I think it is important that also on behalf of the defense non-German persons can be heard here on behalf of the defense.
THE PRESIDENT: The Tribunal is willing to give the defense reasonable opportunity for the calling of witnesses who are available for the defense in this action. I believe we remember the application mentioned by counsel. It is the opinion of the Tribunal that the testimony of the witness would be fully as affective if taken by way of written deposition. I have a note to that effect that was added to the application for the presence of the witness, together with the fact that the application for his physical presence was denied.
The Tribunal will be very willing to help in every way to the respective taking of testimony of this witness, and the other five witnesses, if it appeared to be material before the Commissioners, or it had appeared to be important by the Tribunal to which it appeared that the Tribunal attached any material case; at least in one like this where a witness would simply testify that the defendant Hoven was not unkind to foreign persons who were confined in the camp in which he was the physician, and that the testimony could be taken with full effect in writing.
Of course, the Tribunal is aware that the International Tribunal had more power and authority than this Tribunal, which is simply a national court. If counsel will prepare interrogatories to be propounded to this witness, the Tribunal will use every reasonable effort to have and to see that they are propounded to the witness by some authoritative officer prepared under oath to take the questions and answers of the witness in such interrogatory. If such an interrogatory is prepared, or interrogatories, they first should be submitted to the Prosecution so they may prepare cross interrigatories, if desired. I thing, the Tribunal is saving time by such, method, and it will endeavor to further facilitate such procedure.
MR. McHANEY: I would like for the record to show that the certificate on Document No. 1556-PS, which was introduced as Prosecution's Exhibit 327 has now been signed by Mr. Niebergall, Chief of the Document Branch. I would like at this time to have the witness, Dr. Fritz Mennecke, take the stand.
THE PRESIDENT: Will the Marshal summon the witness Mennecke. The Witness will hold up his right hand and be sworn as a witness, taking the oath and repeating after me:
I swear by God, the Almighty and Moniscient, that I will speak the pure truth and will withhold and add nothing.
(The witness repeated the oath.)
THE PRESIDENT: You may be seated.
DIRECT EXAMINATION BY MR. McHANEY:
Q. Your name is Fritz Mennecke?
A. Fritz Mennecke.
Q. Your last name is spelled M-e-n-n-e-c-k-e?
A. Yes.
Q. You are of German citizenship?
A. I am a German.
Q. You were born 16 October, 1904 in Hannover?
A. I was born on the 10th of October, 1904; not the 16th; it was the 10th.
Q. Now, witness, you were educated in medicine.
A. Yes.
Q. Where did you study?
A. I studied in Goettingen, Marburg, and Frankfurt-on-the-Main.
Q. When did you pass your medical examination?
A. In the year 1934.
Q. Where have you practiced medicine?
A. I was a medical practionner at the surgical clinic, and furthermore I was in the district hospital and municipal hospital at Heine, near Hannover, and also in the institute in Frankfurt-on-the-Main.
Q. Did there come a time when you went to the institute at Eichberg as a doctor?
A. I came to Eichberg on the first of January, 1936.
Q. And was Eichberg a state insane asylum?
A. Yes. It was a mental institution of the Province of Hosse-Nassau.
Q. Did you ultimately became the director of the asylum at Eichberg?
A. Yes.
Q. Did you enter the army in 1939?
A. I already participated in maneuvers in the army before that. When the war broke out I was drafted to the Western Front as a medical officer.
Q. How long did you stay in the army witness.
A. During the war from the 26th of August, 1939 until I was called indispensable on the 29th or 30th of January 1940.
Q. Why were you declared indispensable?
A. The reason for my being classified indispensable I did not realize at first; I only found out about it afterwards; it was my participation in the program.
WITNESS: May I be permitted here, before I am being interrogated any further, to point out a certain fact?
MR. McHANEY: Yes, witness.
WITNESS: As a severely sick patient, I have been brought from Frankfurt -on-Main to Nurnberg. I am very exhausted, weak physically. Also in a mental respect certain disturbances have appeared with me, and so far, since occasionally I cannot concentrate my thoughts, I as well have certain lapses in memory. I, therefore, request the high Tribunal to kindly take this consideration during my interrogation. I shall try to overcome these disturbances.
MR. McHANEY: Witness, we only ask that you tell us what you know and what you remember, and you can state when you don't remember exactly.
A. Yes.
THE PRESIDENT: The witness will not be under pressure, and he will not be hurried; he may take what time is reasonable in order to answer questions.
BY MR. McHANEY:
Q. Now witness, I asked you why you were discharged from the army in January, 1940.
A. This discharge took placed upon my being classed indispensable, which I could not explain. Then, when I returned home, I received a telephone call to participate in a conference in Berlin. This conference took place early in February in Berlin. Besides me there were approximately ten to twelve other physicians who had been invited there and who were unknown to me. We were told by Dr. Hefelmann, Bohne and Mr. Brack that the National Socialist State Leadership had issued laws and decrees according to which unfit lives were to be exterminated. We, who had been assembled there, were asked if we would act as medical consultants. We were urgently reminded of the fact that we were not to discuss anything about it, about the subject, because this matter was top secret. In this conference Brack read a letter whose contents I cannot recall in detqil any more. However, as far as I can remember, it dealth with the fact that all physicians who were cooperating in this program would not be committing any criminal offense. Then the activities were discussed.
Also what was expected of us; it was that of giving medical experiments on inmates of mental institutions -- insane persons. The remainder of the physicians who were assembled there besides me were all elderly gentlemen. Among them were some big personalities, as I was to discover later. Since these gentlemen also gave their consent unconditionally, I also favored this position, and I volunteered as an consultant.
Q Did you take any oath binding yourself to secrecy at this meeting?
AAs far as I know, no oath was demanded from us.
Q You never signed an oath at any later time?
A No.
Q Where was this meeting held?
A This meeting was held first of all in a room of the Kolumbus Haus, but then it was moved into a room of the Reich Channcery where further discussions took place, which I have already discussed.
Q Was that the channcery of the fuehrer under Bouhler?
A I discovered later on it was part of the Reich Channcery, which was known to me as the Channcery of the Fuehrer, and it was under the direction of Bouhler.
Q Was Prof. Nietsche at this meeting in February, 1940?
A Yes.
Q Was Prof. Steinmaier there?
A Steinmaier is not a professor; however, he was present.
Q And I think you mentioned Hefelman, Bohne, and Brack.
A Yes.
Q Do you recall any of the other people there?
A I cannot remember the individual participants in this first conference.
Q How large a gathering was it?
AAs I have said, there were ten or twelve, ten to twelve persons.
Q Do you remember who was chairman of the meeting?
A During part of the conference in the Reich Chancery, Brack was the chairman.
Q How many times have you seen Brack?
A I have seen him on several occasions after this first conference whenever I was in Berlin? I cannot tell you how many times I have seen him altogether.
Q Will you look at the persons in the defendants' dock and tell me whether you see Brack?
A Yes.
Q Where is he sitting?
A He is sitting in the second row, and he is the third man from the left.
MR. McHANEY: I ask that the record show that the witness properly identified the defendant Brack.
THE PRESIDENT: The record will show that the witness has identified the defendant Brack.
THE PRESIDENT: The Court will recess until 0930 o'clock tomorrow morning.
(The Tribunal adjourned until 17 January 1947, at 0930 hours.)
Official transcript of the American Military Tribunal in the matter of the United States of America, against Karl Brandt, et al, defendants, sitting at Nurnberg, Germany, on 17 January 1947, 0930, Justice Beals presiding.
THE MARSHAL: The Honorable, the Judges of Military Tribunal 1.
Military Tribunal 1 is now in session.
God save the United States of America and this Honorable Tribunal.
There will be order in the courtroom.
THE PRESIDENT: Mr. Marshal, you ascertain if the defendants are all present in the courtroom.
THE MARSHAL: May it please Your Honor, all the defendants are present in the court.
THE PRESIDENT: The Secretary-General will note for the record the presence of all the defendants in the courtroom.
The prosecution will proceed with the witness on the stand.
FRITZ MENNECKE (Resumed) DIRECT EXAMINATION (Continued)
MR. McHANEY: I will ask that the record show that the witness is still under oath.
THE PRESIDENT: The witness is reminded he is still under oath.
BY MR. McHANEY:
Q. Dr. Mennecke, you had told us yesterday about the meeting in Berlin in February 1940 concerning the Euthanasia Program. You had told us the names of some of the persons present at this meeting and you had also told us where the meeting was held.
A. Yes.
Q. You had also stated that the Defendant Brack was chairman of this meeting.
A. Yes.
Q. I now ask you whether or not instructions were given you as to your duties in connection with the Euthanasia program?
A. The duties and obligations consisted of working according to the plan which had been worked out, that is, we who were called upon as experts were to examine the questionnaires which had been filled out in the mental institutions after they had been photostated. We were to express medical opinion on them and were to return them with our opinion to the Berlin agency.
Q. Were you also instructed to prepare questionnaires for patients in the asylum at Eichberg?
A. Every German mental institution received from the Reichsministry of the Interior forms and instructions to fill out such forms about each inmate of the institution and to send these forms to the Reichsministry of the Interior. Forms were filled out about the inmates of the Eichberg Institution.
Q. Do you know what office in the Ministry of the Interior you received the questionnaires from, and to which you returned the questionnaire
A. I do not kpow that. These questionnaires did not come directly from the Ministry of the Interior to the Eichberg Institute but through the provincial administration in Wiesbaden and they were sent back again via Wiesbaden to Berlin.
Q. Was Bernatat the head of the county administration in Wiesbaden?
A. Bernotat is the name. He was not the head but the man in charge of the institutions in the provincial administration.
Q. Is the name Dr. Linden familiar to you?
A. Yes.
Q. What was Dr. Linden's connection with the Euthanasia Program, if any?
A. I saw Dr. Linden a few times at meetings and conferences. Every time Dr. Linden made, so to speak, a dead impression on me. He did not take any active part. He was not in the matter. He did not care about what was going on. That is now it seemed.
Q. Is the name Allers familiar to you?
A. Yes.
Q. What was his connection with the Euthanasia Program?
A. When the Euthanasia Program had been divided into various form designations such as Reich Labor Community for Mental Institutions, the head of this organization was Allers for business matters.
Q. Was a man named Bohne one of his deputies.
A. I know the name Bohne from the very first days, from the very first day in the Columbus House. After that I never saw this Mr. Bohne again and I never heard anything about him.
Q. You mentioned the name Reichsarbeitsgemeinschaft?
A. Yes.
Q. Will you tell the Tribunal what this Reich association did?
A. The Reichsarbeitsgemeinschaft primarily dealt with the supervision of the questionnaire procedure, that is, this Reichsarbeitsgemeinschaft saw to it that the questionnaires were filled out and then were photostated and an opinion expressed on them. In my opinion that was the main test of the Reichsarbeitsgemeinschaft for mental institutions.