On January 1, 1938 I became an associate scientist in the Department for Aviation Medicine at the German Experimental Institute for Aviation, hereinafter called the DVL. The Chief of the Department for Aviation Medicine of the DVL was Dr. Siegfried Ruff. I remained with the DVL until the end of the war.
"2. From about the first part of March 1942 to about the end of May 1942 experiments were conducted at the Dachau Concentration Camp to determine the effects of extreme high altitudes on the human body. These experiments were conducted for the benefit of the Luftwaffe. Dr. Ruff was first approached to assist in the high altitude experiments at Dachau by Dr. G.A. Weltz, Chief of the Institute for Aviation Medicine in Munich. This was in December 1941 or January 1942. Dr. Weltz advised Ruff that Dr. Sigmund Rascher, a doctor in the Luftwaffe and also a member of the SS, was to perform the high altitude experiments. Weltz wanted an expert to work with Rascher on these experiments.
"3. In January or February 1942 Weltz, Ruff, Rascher and I had a meeting at waltz's Institute in Munich to discuss arrangements for the experiments. Dr. Weltz introduced Rascher to us at that time. few days later a second meeting was held in the Dachau Concentration Camp and this was attended by Weltz, Ruff, Rascher and myself as well as Piorkowsky who was the camp commander, and Schmitzler, who was the staff of the Reichsfuehrung-SS. Further arrangements were made at this time for carrying out the experiments.
"4. A low-pressure chamber was sent from the DVL in Berlin first to Weltz's Institute in Munich and from there to Dachau. This chamber could duplicate atmospheric conditions and low-pressures prevailing at high altitudes. It consisted of two parts, one of which was used for slow ascensions and descensions and could accommodate as many as 12 people at a time while the other was used for a sudden decompression and could accommodate only one or two people.
This low-pressure chamber was set up in one of the blocks at the Concentration Camp. The experiments actually started around the first part of March and the initial experiments were conducted on twelve prisoners. When prisoners were requested, we asked that they be in a physical condition which compared with members of the Luftwaffe. The experimental subjects were tested in either the large or small part of the chamber, usually one at a time, and 386 a and their reactions to high altitudes were checked with an electrocardiograph.
Four series of experiments were conducted:
"a. Slow descent without oxygen.
"b. Slow descent with oxygen.
"c. Falling without oxygen.
"d. Falling with oxygen.
"The latter two tests were designed to simulate a free fall from an airplane before the parachute opens.
"Several tests were from time to time conducted on the same experimental subject.
"5. The experiments lasted until approximately the end of May. During this time I was living at Dachau, and with the exception of several trips to Berlin, I was in Dachau for the whole course of the experiments. On my trips to Berlin I reported to Dr. Ruff as to the progress of the experiments. I remember that Dr. Ruff visited Dachau on at least two occasions when he observed the experiments. Dr. Ruff and I worked at the experimental station at Dachau as representatives of the German Experimental Institute for Aviation (DVL) "6. I witnessed the death of three of Dr. Roscher's human experimental subjects during the experiments.
The first death occurred in the latter part of April. On this particular occasion I was studying the electrocardiograph of the human experimental subject then being tested. After the death of this human experimental subject I raised objections to Rascher and also informed Ruff concerning the matter. Thereafter, two other deaths occurred on different days in May. I also reported these to Dr. Ruff. I know that other experimental subjects were killed on at least two occasions while I was not present and I would estimate that they totaled between five and ten.
"7. After a human experimental subject died as a result of the lowpressure experiments, an autopsy was performed. The purpose of this was to determine the exact cause of death. Once, to my knowledge, the autopsy was performed under water in order to observe the air bubbles which might have 387 formed in various parts of the human experimental subject's body.
I have been shown pictures numbered 1, 2 and 3, which show an open section of the brain of a body and also a dissected portion of the breast. Autopsies of this character were performed at Dachau on experimental subjects who died during the low-pressure experiments and I assume that these pictures are photographs made of such subjects. I know that photographs were made of the autopsies at Dachau.
"8. I have been shown a series of other pictures which show persons undergoing experiments in a low-pressure chamber. Of these I recognize the pictures number 1a, 2a, 3a and 4 as being photographs made during the course of the low-pressure experiments conducted at Dachau. I suppose that the other pictures numbered, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, and 45, were also made at Dachau, although I do not know. I do not know of any lowpressure experiments on concentration camp inmates other than those made at Dachau. After the low-pressure experiments were completed, Dr. Rascher and I made a report which was approved by Ruff and signed by the three of us. This was circulated to all interested offices in the Luftwaffe. In my opinion Dr. Anthony of Medical Service of the Luftwaffe must also have received a copy of this report. I do not remember if Becker-Freyseng was with the Medical Inspectorate at the time, but if he was, he certainly know that these experiments were being conducted.
Welfram Sievers cf the Ahnenerbe Society of the SS was also familiar with these experiments and was in Dachau several times when they were being conducted. I myself saw him there once at the experimental station. Milch and Hippke were also quite familiar with these experiments. Dr. Oskar Schroeder was the second highest ranking officer is the Medical Service of the Luftwaffe in 1942 and he also probably knew of these experiments, although I never personally talked to him about them.
"10. No one in the Luftwaffe ever made any objection concerning these experiments. Dr. Weltz certainly never expressed any more scruples against these high altitude tests since it was he who originally asked Dr. Ruff and me to assist Dr. Rascher.
"I have read the foregoing deposition consisting of four pages, in the German language, and declare that it is the full truth to the best of my knowledge and belief.
"Signed Dr. Romberg, Dated 1 November 1946.
DR. BERGOLD: May it please the Tribunal, I would appreciate it if you would possible rule on the following which the prosecution has submitted. So far as I can understand there is a certain number of affidavits which are submitted and which are statements made by persons who were defendants in the first trial, the International Military Tribunal. All of these persons make statements which are incorrect and partly that they are is that they take it that the defendant Milch knew about these reports which were made. If it please the Tribunal, I cannot accept these affidavits without objecting to them unless the Tribunal rules that all of these people can be heard here in a cross examination. Otherwise, I would have to object to these affidavits, namely, because these people do not state any reasons why the defendant Milch must have known of all of these things. Therefore, I would appreciate it if the Tribunal could rule. Perhaps all of these people could be used here in Court and cross examined.
THE PRESIDENT: Dr. Bergold, when a witness states that he supposes another person knew or that another person must have known or some similar statement when the witness has no knowledge of the facts, you may be sure 389-A that the Tribunal will not regard that as true as against the person to whom it is offered.
DR. BERGOLD: Thank you.
THE PRESIDENT: The Tribunal will recess until one thirty.
THE MARSHAL: All persons will no arise. The Tribunal will recess until 1330.
(A recess was taken until 1330)
AFTERNOON SESSION (The hearing reconvened at 1330 hours, 14 January 1947)
MR. DENNEY: If Your Honors please, during the noon recess we have extracted from the document books of Judges Musmanno and Speight the extra copies of the photographs which were handed up by mistake. There is already a bound copy in Your Honors' books. At this time Mr. Blakesly would appreciate it very much if he could have from Judges Toms and Phillips the loose photographs. Your Honors have in the document book individual photographs mounted on individual pages.
This morning when Your Honors were talking about the Geneva Convention I did not have available two papers, one which is the summation of Sir Hartley Shawcross before the International Military Tribunal, speaking of the Reinecke order with reference to the treatment of Soviet prisoners of war dated 8 September 1941. The order is not here in evidence, but I merely bring it up so that Your Honors may have this information at hand. Sir Hartley stated:
"That Keitel, who is directly responsible for this order, was issuing it with full knowledge of its implications is made clear by the memorandum of Admiral Canaris dated 15th September 1941, protesting again it, and correctly stating the legal position, as follows:"
And then follows the memorandum of Admiral Canaris, which states:
"The Geneva Convention for the treatment of prisoners of war is not binding in the relationship between Germany and the U.S.S.R. Therefore only the principles of General International Law on the treatment of prisoners of war apply. Since the 13th century these have gradually been established along the lines that war captivity is neither revenge nor punishment but solely protective custody, the only purpose of which is to prevent the prisoners of war from further participation in the war. This principle was developed in accordance with the view held by all armies that it is contrary to military tradition to kill or injure helpless people . . . . The decrees for the treatment of Soviet prisoners of war enclosed are based on a fundamentally different viewpoint."
And the Tribunal in its judgement at Page 16892 states:
"The argument in defense of the charge with regard to the murder and ill treatment of Soviet prisoners of war, that the U.S.S.R. was not a party to the Geneva Convention, is quite without foundation. On the 15th of September, 1941, Admiral Canaris protested against the regulations for the treatment of Soviet prisoners of war signed by General Reinecke on the 8th of September 1941. He then stated:"
The Tribunal then quotes in toto the excerpt which I have just read to Your Honors from Admiral Canaris' opinion dated 15 September 1941 and at the end of the quotation, returning to the judgement, the Tribunal states:
"This protest, which correctly stated the legal position, was ignored."
I just wanted to have that available to Your Honors for reference, because I don't think that I properly covered it this morning.
THE PRESIDENT: If yon want to concede, Mr. Denney, that you do not predicate any criminal charge upon the violation of this Geneva Convention, but simply upon the principles of broad international law -
MR DENNEY: Exactly.
THE PRESIDENT: (continuing) -- why, that would obviate the necessity of calling the witness that Dr. Bergold wants. If you take that position, and take it on the record here so that Dr. Bergold can rely on it, then it won't be necessary to call any witness in his behalf to establish the fact that Russia had withdrawn from the Geneva Convention, or from the Treaty.
MR DENNEY: We are certainly willing to -- well, if Your Honor please, could I not make a statement for the record at this time about it and make a statement in the morning?
THE PRESIDENT: Very well. I suggest that you take that under advisement, which might simplify the calling of witnesses by the defense.
MR. DENNEY: Yes, Your Honor.
THE PRESIDENT: Of course, I don't expect you to abandon any posi ion that the same acts constituted a violation of some other obligation.
MR. DENNEY: Yes, Your Honor.
THE PRESIDENT: (continuing) -- arising out of international law, or even broad humanitarianism.
MR. DENNEY: Or the laws and customs of wars as such.
THE PRESIDENT: Or any other source, except the treaty.
MR. DENNEY: Yes, Your Honor.
MR. MC MAHON: Your Honors, the last document which was introduced before recess was Exhibit No. 86, and it consisted of the affidavit of Hans Romberg and the series of pictures taken of the high altitude experiments.
The next document to be introduced is 343-PS-a, which is located on Page 18 of Document Book 5-A and 27 of the German copy. An additional page missing in the German is now being distributed. This document is a letter signed by Erhard Milch, dated 20 May 1942. It will be Exhibit 87. The letter reads:
"Dear Wolffy!
"In reference to your telegram of 12 May, our medical inspector reports to me that the altitude experiments carried out by the SS and Luftwaffe at Dachau have been finished. Any continuation of these experiments seems essentially unreasonable. However the carrying out of experiments of some other kind, in regard to perils at high seas, would be important. These have been prepared in immediate agreement with the proper offices; Oberstabsarzt Weltz will be charmed with the execution and Stabsarzt Rascher will be made available until further order in addition to his duties within the Medical Corps of the Luftwaffe. A change of these measures does not appear necessary, and an enlargement of the task is not considered pressing at this time.
"The low-pressure chamber would not be needed for these low-temperature experiments. It is urgently needed at another place and therefore can no longer remain in Dachau.
"I convey the special thanks from the supreme commander of the Luft waffe to the SS for their extensive cooperation.
"I remain with best wishes for you in good comradeship and with "Heil Hitler!"Always yours, signed, E. Milch."
The Court will notice the familiar salutation which Milch uses in this letter, indicating that Milch was quite friendly with Wolff. This letter also shows that the sanitary inspector, Dr. Hippke, was reporting to Milch, and at this date, 20 May 1942, Milch knew about the high altitude experiments. In addition, the letter proves that Milch knew who Mr. Rascher was. Finally, it is proof that Milch was the man who authorized the beginning of the freezing experiments and who had complete control of the disposition of the low pressure chamber.
Reference is now made to Document NOKW 318, which will be found on Page 19 of the English and Page 30 of the German Document Book.
THE PRESIDENT: Mr. Mc Mahon, your paging is apparently a little different. The exhibit you just read is on Page 19.
MR. MC MAHON: Yes, Your Honor. The one I just read was Page 18, I think.
THE PRESIDENT: Well, in the Court's document book, 18 is missing, and the exhibit which was just read, the letter from Milch to Wolff, is on Page 19. It isn't important, as long as we know what document you mean.
MR. MC MAHON: Yes. Then this next document, Your Honor, NOKW 3118, is on Page 20 of your book, is that right?
THE PRESIDENT: Yes.
MR. MC MAHON: That will be Exhibit No. 88. This is a Milch interrogation in which he denies knowing or ever hearing the name "Rascher" until he was questioned during the proceedings before the International Military Tribunal. In view of the previous document, which was 343-PS-a, it is apparent that Milch was not telling the truth during this interrogation when he denied knowledge of Rascher's name.
Reading from the interrogation, the question about seven lines down from the top!"I know that you are acquainted with a medical captain, Dr. Rascher, medical major, Dr. Welts and Dr. Romberg.
"A. No, I have neither seen nor spoken with these gentlemen. Dr. Rascher's name I know only from hearing it here in the trial."
MR. MCMAHON: We now turn to Document No. 261, which is found on Page 24 of the English Document Book, and Page 51 of the German Document Book. This will be Prosecution Exhibit Number 89.
Dr. Bergold, do you have this document in your book? It is Number 261.
DR. BERGOLD: Yes.
MR. MCMAHON: This is a letter dated 4 June 1942. This is a letter signed by Milch. It is addressed to Dr. Hippke. This is an explicit order to continue using the low-pressure air chambers in the Munich area. The letter reads:
"Dear Herr Hippke!
"According to the agreement with the Reichsfuehrer SS the lowpressure air chamber for experiments in the neighborhood of Munich is still to be available for two months longer.
"Moreover the Stabsarzt Dr. Rascher is, in addition to his tests in the Luftwaffe to be on duty for the present for the purposes of the Reichsfuehrer SS." "Heil Hitler!"
Down below it is signed: Milch.
DR. BERGOLD: I should like to see the original of this document. It is not entirely clear whether or not this brief letter was actually sent or whether this is a copy of it. I cannot tell from the copy I have whether or not this letter was actually mailed. I should like to raise an objection on the basis of the copy I have just seen.
According to the photostatic copy I just saw, or the copy that was sent to the Obergruppenfuehrer Wolff, there is no documentary evidence that the original letter to Hippke was signed and actually sent. I can only assume from what I have here that Wolff received a copy of the letter that was or was not sent to Hippke.
MR. MCMAHON: I think later on, Your Honors, we will be able to show that this letter was sent and received because of references made to it.
THE PRESIDENT: The original document appears to have the signature of the defendant.
MR. McMAHON: It does, Your Honor. It appears at the base of the letter.
DR. BERGOLD: It has only been signed here, Your Honor, on the copy that went to Wolff. There is no evidence that any copy went to Hippke. This is not the original letter to Hippke.
THE PRESIDENT: That is not so important as is the fact that it is the original letter signed by Milch.
DR. BERGOLD: Later I shall prove why this is of importance, and it is for that reason, I raised the objection. I shall be able to prove that this letter was sent to Wolff simply to make him feel better. I shall prove that.
MR. McMAHON: The next document to be offered in evidence, Your Honor, will be Document Number 2083.
THE PRESIDENT: Just a minute, Mr. McMahon. In case there is any doubt, the objection to the admission of Exhibit 89, is overruled.
MR. McMAHON: Thank you.
Our next Document is Number 2083. It will be prosecution Exhibit 90. It is to be found on Page 25 of the English Document Book, and I think Page 52 in the German Copy Book. This is a letter dated 15 June 1942, from Dr. Rascher to Himmler, relaying the details of a conference with Hippke in which the latter asked that the freezing experiments should begin pursuant to Milch's order in his letter of 4 June 1942 which is Document 343 PS. Rascher says that the cold water experiments can be started immediately and that Hippke does not want to work with the Luftwaffe but merely to continue his assignment in cooperation with the S/S. The letter reads:
"Esteemed Reichsfuehrer!
"A few days ago I was ordered to a conference with the Inspector of the Luftwaffe Medical Service (Luftwaffensanitaotswesen) Generaloberstabsarzt Professor Dr. Hippke. When I told him that you had not yet received the report concerning the experiments as a whole, and that you still had to give permission for the reporting of the results, he did not ask for any report.
The Inspector was extraordinarily kind and asked me, as liason man with the SS, to express to you, esteemed Reichsfuehrer, his private thanks for the experiments.
"At the same time, he asked for permission to carry out the cold and water experiments in Dachau, and asked that the following be engaged in these experiments:
397-A "Professor Dr. Jarisch, of the University of Innsbruck, "Professor Dr. Holzloehner, of Kiel, as well as the Luftwaffepathologist, "Professor Dr. Singer, of Schwabing Hospital.
(I know Professor Singer personally very well). The Inspector designated the experiments as extraordinarily important, as we must count on another winter in the East.
"Later during the discussion I was asked to inquire of you, esteemed Reichsfuehrer, whether the Gestapo can investigate whether the above mentioned gentlemen are politically unexceptionable.
"It was also decided that the Inspector would issue orders to me at all times during the experiments. The Inspector said that he would prefer to approve long-term assignment rather than to free me from the Luftwaffe, as he needed me.
"The water experiments can be started immediately."
THE PRESIDENT: With reference to the Inspector, they mean Hippke?
MR. McMAHON: Yes, Your Honor, Medical Inspector Dr. Hippke.
Our next document will be 1618-PS. It will be Prosecution Exhibit 91. It will be found on page 26 of the English Document Book and on page 53 in the German Document Book. This is an intermediate report by Rascher dated 10 September 1942 on intense chilling experiments in the Dachau Camp which began on 15 August 1942. This report is worthy of note in that it mentioned the occurrences of fatalities during the freezing experiments with cold water.
Reading the report:
"Experimental procedure:
"The experimental subjects (V P) were placed in the water dressed in complete flying uniform, winter or summer combination and with an aviator's helmet. A life jacket made of rubber or kapok was to prevent submerging. The experiments were carried out at water temperatures varying from 2.5 to 12 °°. In one experimental series, OCCIPUT, brain stem, protruded above the water, while in another series, OCCIPUT, brain stem, and back of the head were submerged in water.
"Electrical measurements gave low temperature readings of 26.4 398-A. in the stomach and 26.
5° in the rectum. Fatalities occurred only when the brain stem and the back of the head were also chilled. Autopsies of such fatal cases always revealed large amounts of free blood, up to one-half liter, in the cranial cavity. The heart invariably showed extreme dilation of the right chamber. As soon as the temperature in these experiments reached 28° the experimental subjects (VP) died invariably, despite all attempts at resuscitation. The above discussed autopsy findings conclusively proved the importance of a warming protective device for the OCCIPUT when designing the planned protective clothing of foam type.
"Other important findings, common in all experiments to be mentioned: Marked increase of the viscosity of the blood, marked increase of hemoglobin, an approximate five-fold increase of the leukocytes, invariable rise of blood sugar to twice its normal value. Auriculer fibrillation made its appearance regularly at 30°.
"During attempts to save severely chilled persons (Unterkuehlte) it was shown that rapid re-warming was in all cases preferable to slow re-warming, because after removed from the cold water, the body temperature continued to sink rapidly. I think that for this reason, we can dispense with the attempt to save intensely chilled subjects by means of animal heat.
"Re-warming by animal warmth, animal bodies or women's bodies, would be too slow. As auxiliary measures for the prevention of intense chilling, improvements in the clothing of aviators come alone into consideration.
The foam suit with suitable neck protector which is being prepared by the German Institution for textile research (Deutsches Textilforschungsinstitut) Muenchen-Gladbach deserves first priority in this connection. The experiments have shown that pharmaceutical measures are probably necessary if the flier is still alive at the time of rescue."
This document is signed by Dr. Rascher.
The next document to be presented is Number 234. It will be Prosecution Exhibit 92. This is on Page 29 of the English Document Book.
THE PRESIDENT: Page 28.
MR. McMAHON: 28. Thank you, Your Honor. It is Page 55 in the German Document Book. This is Rascher's accompanying letter to Himmler in connection with the report just read. Here Rascher asks Himmler's decision on the question of submitting his report at the forthcoming Luftwaffe meeting.
The letter reads:
"My dear Reichsfuehrer, "May I submit in the enclosure, the first intermediary report about the freezing experiments.
"In the beginning of October a meeting on the subject of freezing experiments is to take place. Professor Dr. Hoezloehner, participating in our Dachau experiments on behalf of the Luftwaffe, wants to give on this occasion an account of the results of our experiments in Dachau. SS-Obersturmbannfuehrer Sievers, who surveyed the experiments in Dachau last week, believed, that if any report was to be made at a meeting, I should be called upon to submit the report. A discussion with other experts on freezing experiments would surely be very valuable. I, therefore, request your decision:
"1.) Can a report be made elsewhere before the oral report has been submitted to you, my Reichsleader, "2.) Is my participation in the conference on the subject of freezing experiments of the Luftwaffe, ordered by you, my Reichsleader?
I will take care that the report is submitted in the appropriate manner due to a Top Secret matter.
"Yours gratefully and respectfully, "Heil Hitler!"It is signed "Your very devoted," followed by the signature of Sigmund Rascher.
The next document which we will offer in evidence is Document Number 1611 PS. It is dated 22 September 1942. This will be Exhibit Number 93. It will be found on Page 29 of the English Document Book and Page 56 of the German Document Book. This is Himmler's acknowledgment of Rascher's intermediate report. In this letter signed by Himmler the Reichsfuehrer asked that all possible experiments with rewarming be carried out. The letter reads:
"Dr. Rascher "Munich-Dachau "I have received the intermediate report on the freezing experiments in the Dachau Concentration Camp.
"Despite everything, I would so arrange the experiments that all possibilities , quick warming, medication, animal warming will be executed in positive experiment orders."
It is signed by H. Himmler.
The next document to be offered in evidence is Document Number 285, which will be Prosecution Exhibit Number 94. It is found on Page 30 of the English Document Book, and on Page 57 of the German Document Book. This is a letter from Dr. Rascher to Obersturmbannfuehrer Rudolph Brandt saying that Milch failed to attend the meeting held in his office in the RLM on 11 September 1942; consequently Rascher did not make the report since he was commissioned to report only to field Marshal Milch.
I call your attention to the fact that Rascher said the distribution list for this report had been prepared by the RLM.
I will now read this report dated 3 October 1942.