At this particular point it is especially difficult to carry the findings in animals over into the human field. In the warm-blooded, one finds a varied degree of development in the heat-regulating mechanism. Besides this, the processes in the skin of the pelted animals cannot be carried over to man."
And now I will read under Roman Numeral VI, which is on page 104 of the English Document, and on page 19 of the German Book: "Death after cooling in water. Practical and Theoretical considerations. Reports to the effect that those who have been rescued at sea are imperilled for a considerable time after rescue have aroused special attention. It has been reported especially that sudden cases of death occurred as much as twenty minutes to ninety minutes after rescue, and that in mass catastrophes these sudden deaths could amount to mass-dying (rescue collapse). These observations have set off far-reaching discussions. Bleeding in the re-warming periphery, breakdowns of and humoral correlations and similar ideas have been brought up.
"In contrast to this our experiments give a relatively simple explanation of cold-death under these conditions. With the exception of a single case, a total irregularity of the heart chamber could be definitely demonstrated in all cases of cooling under 30° C (86° F), (50 experiments) when the restal temperature reached 29°C (84°F), and usually already at a cooling of 31°C, (88°F). The exception was an experiment on an intoxicated person, which is to be gone into more fully below (Sed Section VII).
"Furthermore a hearth-death was established clinically in all 434a cases of death observed by us.
In two cases breathing cased simultaneously with the heart activity. These were cases in which it was specially noted that the neck and the back of the head lay deep in the water. In all remaining cases breathing outlasted the clinical chamber-cessation by as much as twenty minutes. In part this was "normal, much decelerated breathing", in part an angonal form of gasping. As already referred to, a Verhefflutter could be demonstrated cardiographically during the irregularity.
"In cases in which a special cooling of neck and back of the head had existed before death, the autopsy showed a marked brain edema, a tight filling of the general brain cavity (Hirngefaesse), blood in the spinal fluid as well as blood in the Michaelisrhomboid (Tautengrube)."
And now I should like to read from a figure which appears at the end of this experiment report, which is figure 13. I think that is on page 129 of the English document and it should be original page 571 of the German. This is just a graph and here we have the annotations in regard to deaths of several persons as a result of these freezing experiments, figure 13, the behavior of the heart action under the influence of medication. This is still Document No-428.
Subject Water Occurrence of Irregularity Temperature after at Experimental Body Temperature. Time Therapy mg.
strop at minute Pulse becomes regular Total Duration after after of Irregularity Experimental Administering time strophanthine Remarks; B.L. 4cc Death in the 70th minute, ten coranim minutes after removal from water L.H. intracardial Death (heart stopped) five minutes after administering strophanthine, ten minutes after removal from water.
V.E. heart, massage Death (heart stopped in the sixty-sixth coramin cardiazel artifical minute during removal from water. respiration S.M. artificial res- Death (heart stopped) in the eighty-seventh piration caria- minute, seven minutes after removal from zol water.
L.O. Death (heart stopped) in the sixty-fifth minute eight minutes after removal from water."
MR. MC MAHON: That completes the reference to NO 428.
435 A We would now like to offer in evidence Document No. NOKW 264, which will be Exhibit No. 106 and is on page 131 of the English, and 119 of the German Document Book.
The German Document Book is 5-C. Document Book 5-C, page 119 of that book. This document is NOKW-264 and is the affidavit of SS standertenfuehrer Wolfram Sievers, dated 19 November 1946. Sievers was manager of the Ahnenerbe Society, a research and instruction group within the SS. Sievers states that a Fuehrer order at the beginning of the war prohibited the further use of Wehrmacht volunteers for high-altitude experiments. The Court will please note that Sievers witnessed the death of experimental persons and refers to the chain of command and the correspondence which Wolff had with Milch. The affidavit reads:
"I, Wolfram Sievers, swear, state and declare:
"Since 1 July 1935 I was managing director of the Research and Teaching association, "Das Ahnenerbe." and I was admitted to membership of the SS late in 1935 where the last rank I held was that of SSStandartenfuehrer.
"The facts mentioned below are known to me as a result of my activity in the Ahnenerbe Society and in the SS. In accordance with a Fuehrer order it was prohibited to use volunteers of the Wehrmacht for high altitude experiments. The Luftwaffe sent a low pressure chamber to the concentration camp Dachau for the performance of the high altitude experiments.
"I witnessed a freezing experiment performed on an inmate of the concentration camp. He was a criminal who had been sentenced to death. Professor Dr. Hirth and Dr. Rascher were present at the experiment. The experiment itself was conducted by Dr. Rascher. Thermometers were put on the prisoner and he had to don a flyer's suit. He was given an Evipan injection, whereupon he became unconscious and was immersed into icecooled water. In the course of this experiment the prisoner died and immediately after his death an autopsy was performed by Prof. Dr. Hirth.
"Dr. Rascher was a captain in the Medical Corps or the Luftwaffe until the end of 1943. He was subordinate to the Chief of the Medical Inspectorate Dr. Hippke. Dr. Hippke was, as far as I know, directly under the orders of Fieldmarshal General Milch, the Inspector General of the Luftwaffe.
"Milch must have known about the experiments of Dr. Rascher. This is evident from the correspondence between Milch and Wolff, in which the latter, in his capacity as Chief of the Personal Staff of Himmler, writes and reports on this matter. The complete information on the details, according to my opinion, belongs within the scope of the Medical Inspectorate of the Luftwaffe, that is, of Dr. Hippke's office. Oberguppenfuehrer Wolff was called "Woelfchen" meaning "little wolf" by his acquaintances and addressed accordingly."
This affidavit is signed by Wolfram Sievers. Prosecution now offers in evidence Document NOKW 391, which will be Exhibit No. 107, and is at page 133 of the English and 121 of the German Document Book. This is an interrogation taken from Dr. Romberg, dated 29 October 1946. Dr. Romberg, dated 29 October 1946. Dr. Romberg reveals somewhat reluctantly that these experiments were going beyond previously known limits and that cases of death were to be expected and it was for this reason that experimental prisoners were used instead of German volunteers as had been the case heretofore. Beginning about three-fourths of the way down the page with the question:
"Q In fact the question comes up how is it that these high altitude experiments were carried out on KZ, meaning concentration camp inmates. For I know, for instance, that before the war the ZVL (German Air Transport League) had made some tests in high altitude experiments, and at that time volunteers put themselves at the disposal of the physicians.
"A Yes, we always made them.
"Q All of a sudden an end is put to it and prisoners of concentration camps are used. So I have to presume that there was a possibility of deathly issue and that therefore prisoners were used?
"A It was something like this: we had made experiments on ourselves not only in our own but also in other institutes and in doing so had dealt with altitude up to 17,000 meters and now a physical limit had proved to be near 17,800 meters, the boiling point of the blood, so that it was possible that in this case it could come to a sudden boiling up of the blood and that consequently cases of death had to be expected.
"Q And for that reason prisoners of concentration camps were used?
"A After preparation by partial experiments in which the blood did not reach the boiling point, the actual experiments were tackled. It was a question of whether or not something would happen. The results of the partial experiments gave no reason to anticipate that something would happen; on the other hand, however, it w&a not excluded."
Then reading from page 34 of the original, still on the same page in the English document Book:
"Q And no deaths occurred with you, only with Rascher and Rascher never informed you and told you that there were deaths during his high altitude experiments? I remind you of your oath.
"A Yes, I know of individual cases. I said to Rascher that I did not want to have anything to do with this affair and that I was protesting against it.
"Q To whom?
"A To Rascher.
"Q When approximately did you first mention to Rascher that you had had enough of these experiments?
"A I can't tell exactly.
"Q You were in Dachau for 8 weeks, 2 months, about February to April?
"A No, it was later; March to May.
"Q And when, approximately, did you get the impression that things were happening there which you could not reconcile with your principle and about when did you report about it to Ruff?
"A That must have been the end of April -- beginning of May.
The next document, NOKW-126, will not be offered in evidence but we will pass to NOKW-140 which will be Prosecution Exhibit No. 108 and is on page 139 of the English and 127 of the German copy. This is an affidavit signed by Br. Siegfried Ruff who was in charge of the Medical Section of the DVL.
Dr. Romberg was sent by Dr. Ruff to Dachau to work on the experiments. He refers to the chain of command for these experiments naming Milch, Hippke, Ruff and Romberg in that order; he also states that Dr. Hippke and defendant Milch were informed of the results of these tests. The affidavit reads:
"I, Siegfried Ruff, upon oath, depose arid say:
"During the war I acted as manager of the Air Medical Department of the German Research Institute for Aviation DVL in Berlin Adlershof.
"I have personal knowledge of all the facts related here.
"The entire Air Medical Research was in charge of General Dr. Erich Hippke in his capacity as Chief of Medical affairs until 1944 and then Professor Schroeder. As Chief of the Medical Service General Hippke was directly subordinate to Fieldmarshal Milch. As far as the altitude experiments are concerned which were carried out in 1942 on concentration camp inmates in Dachau. I have sent Dr. Hans Romberg as expert to Dachau to conduct the experiments. Dr. Romberg was sent to Dachau in agreement with General Hippke. The pressure chamber which was used for these tests in Dachau was sent to Dachau by the Luftwaffe. This was done upon orders by the Luftwaffe Medical Service and the pressure chamber was used in Dachau upon my instigation. General Dr. Hippke had full knowledge of the fact that altitude experiments were carried on in Dachau on living persons and that those persons were concentration camp inmates. To my knowledge, Fieldmarshal Milch was kept informed on these tests either by General Hippke or by the SS. The order of command for these tests was Milch, Hippke, Ruff and Romberg. The freezing experiments performed in 1942 were carried out in Dachau by Dr. Rascher without the assistance of Dr. Romberg and there can be no doubt that Dr. Hippke and Fieldmarshal Milch were informed of the results of these tests."
This affidavit is signed on the 25th of October 1946. The next document to be offered in evidence will be NO-222, which will be Prosecution Exhibit No. 109 and is on page 141 of the English Document Book and page 129 of the German Document Book. This is a letter from Rudolf Brandt to Sievers saying that Himmler had recently sent an experimental report to Milch.
This document indicates that Milch receiving reports on the experiments. The letter reads:
"To SS Obersturmbannfuehrer Sievers "Dear Comrade Sievers:
"SS Untersturmfuehrer Dr. Rascher's supposition is not correct. The letter of the Reichsfuehrer SS by which he transmitted the report to General Fieldmarshal Milch was only signed and sent off a few days ago. I assume that the General Fieldmarshal will of himself give the necessary orders and then confine himself to sending a brief answer to the Reichsfuehrer SS.
"I enclose a copy of the Reichsfuehrer SS's letter dated 25 August 1942 for your information.
"Hearty Greetings and Heil Hitler (signed) R. Br." Rudolf Brandt The next document to be offered in evidence is NO-226, which will be Prosecution Exhibit No. 110. This is on page 142 of the English and 130 of the German Document Book.
This is a letter from Sievers to Brandt dated 21 October 1942 discussing a revival of the high altitude experiments. The letter reads:
"To the Reichsfuehrer SS, "Personal Staff, "c/o SS Obersturmbannfuehrer Dr. Brandt "Subject:
High altitude flying experiments by Dr. Rascher in Dachau.
"Dear Comrade Brandt:
"In connection with the report made in field headquarters concerning the high altitude flight experiments, a report was to be made to Fieldmarshal Milch too. The date of 11 September was chosen. As you will see from the attached file note of Dr. Romberg, this report has not been made, and indeed the whole thing has gone wrong, so to say. At any rate, the attitude of the gentlemen of the Medical Inspectorate of the Luftwaffe has altered considerably since that date. What would you think if I were to write a letter to the Medical Inspector Generaloberstabsarzt Dr. Hippke, that Rascher was only authorized to report in person to Fieldmarshal Milch, and that, accordingly, he -- as well as Dr. Romberg -- had but obeyed an order of the Reichsfuehrer, when they did not make a report on September 11th.
Perhaps this would persuade the highly insulted gentlemen to fo-operate again. The deep-freezing experiments are terminated now, so that the continuation of the high altitude flying experiments, as desired by the Reichsfuehrer SS can now begin. In this connection, we need once more the low pressure chamber, but this time with differential pumps, as otherwise large-scale altitude tests cannot be carried out. The new experiments will also serve to conclude the habilitation thesis of Rascher. The putting at our disposal of the low pressure chamber, however, will be possible then only, if the Reichsfuehrer SS writes in person to Fieldmarshal Milch concerning this. I include the draft of such a letter. Yours."
The draft of this letter on the next page reads as follows:
"To Fieldmarshal, Secretary of State Milch "Subject:
Low pressure chamber for high altitude flying experiments.
"In connection with the report I had submitted to me here by Stabsarzt Dr. Rascher and Dr. Romberg concerning the carrying-out of high altitude flying experiments, I had desired that a similar report be submitted to you too. Although it has not been possible for you to participate in the conference of 11th September 1942 and to convince yourself of the results, up to now, of the experiments, I beg you once more today, to put at our disposal the low pressure chamber, through the Aviation Experimental Institute. As the experiments are to be extended to greater altitudes, this time differential pumps would also have to be supplied.
"As I take a great interest in the continuation of the altitude flight experiments suspended in June last, and as I believe that we can still achieve very considerable results, I would be grateful to you if you would have the low pressure chamber and the differential pumps brought to Dachau very soon, and if, at the same time, Dr. Romberg were made available again for the continuation of the experiments."
Note that Sievers states the low pressure chamber will be obtained again only if Himmler writes to Milch. This demonstrates how dependent the experimentors were on Milch. Here also Dr. Ruff of the DVL was subject to the orders of Milch, thereby affirming Milch's authority over the DVL. Now the prosecution wished to introduce document 1617-PS which will be Prosecution Exhibit No. 111 and is on page 145 of the English document Book and on page 133 of the German Document Book. This is a personal letter from Himmler to Milch and dated November 1942. The letter reads:
"Dear Comrade Milch:
"You will recall that through General Wolff I particularly recommended to you for your consideration the work of a certain SS Fuehrer, Dr. Rascher, who is a physician of the air force on leave.
"These researches which deal with the behavior of the human organism at great heights, as well as with manifestations caused by prolonged cooling of the human body in cold water, and similar problems which are of vital importance to the air force in particular, can be performed by us with particular efficiency because I personally assumed the responsibility for supplying asocial individuals and criminals who deserve only to die from concentration camps for these experiments.
"Unfortunately you had no time recently when Dr. Rascher wanted to report on the experiments at the Ministry for Aviation. I had put great hopes in that report, because I believed that in this way the difficulties, based mainly on religious objections, which oppose Dr. Rascher's experiments -- or which I assumed responsibility -- could be eliminated.
"The difficulties are still the same now as before. In these "Christian medical circles" the standpoint is being taken that it goes without saying that a young German aviator should be allowed to risk his life but that the life of a criminal -- who is not drafted into military service -- is too sacred for this purpose and one should not stain oneself with this guilt; but at the same time it is interesting to note that credit is taken for the results of the experiments while excluding the scientist who performed them.
"I personally have inspected tho experiments and have -I can say this without exaggeration -- participated in every phase of this scientific work in a helpful and inspiring ** manner.
"We two should not get angry about these difficulties. It will take at least another ten years until we can get such narrow-mindedness out of our people. But this should not affect the research work which is necessary for our young and splendid soldiers and aviators.
"I beg you to release Dr. Rascher, Stabsartz in reserve, from the air force and to transfer him to me to the WaffenSS. I would then assume the sole responsibility for having these experiments made in this field, and would put the results of which we in the SS need only for the frost injuries in the East, entirely at the disposal of the air force. However, in this connection I suggest that with the liaison between you and Wolff a "non-Christian" physician should be charged, who is at the same time honorable as a scientist and not prone to intellectual theft and who could be informed of the results. This physician should also have good contacts with the administrative authorities, so that the results would really obtain a hearing.
"I believe that this solution -- to transfer Dr. Rascher to the SS, so that he could carry out the experiments under my responsibility and under my orders -- is the best way. The experiments should not be stopped; we owe that to our men. If Dr. Rascher remained with the air force, there would certainly be much annoyance; because then I would have to bring a series of unpleasant details to you, because of the arrogance and assumption which Professor Dr. Holzloehner has displayed in tho post of Dachau -- who is under my command -- about me in utterances deliver to SS Colonel Sievers.
In order to save both of us this trouble, I suggest again that Dr. Rascher should be transferred to the Waffen SS as quickly as possible.
"I would be grateful to you if you would give the order to put the low pressure chamber at our disposal again, together with step-up pumps, because the experiments should be extended to include even greater altitudes.
"Cordial Greetings and heil Hitler."
- 443A
DR. BERGOLD: May it please the Tribunal - will the Tribunal show me the original of this letter, because then I will be able to raise an objection. May it please the Tribunal, the copy which I received -- the date of this letter is the 8th of November 1942, and this photostatic copy, though, doesn't say "8", but the letter "B" appears here. Furthermore, I'd appreciate it if the prosecution could tell me if this sign here doesn't refer to the fact that this is just a draft and not a finished letter. These signs are not in the copy. I'd appreciate it. I take the permission to show it to the Tribunal.
There are a number of corrections which show that this is just a draft and not a definite letter, and the letter is also not signed. Therefore, I'd appreciate it if you could put it on record that this is a draft of a letter of November 1942, and not a definite letter -- not a final letter.
THE PRESIDENT: Do you have any proof, Mr. McMahon, of the dispatch or receipt of this letter?
MR. McMAHON: We do not, Your Honor, but we have an indication that it was sent in a later document, which I'll indicate when we come to it. This later document is the letter from Wolff to Milch, which is practically the same as this copy which you have before you now, and in that letter, Wolff referes to the letter which Himmler had sent to Milch, meaning this letter, and he writes a letter much in the same tenor as this letter now being discusses, and that is the proof which we rely upon, of the fact that this letter was sent.
THE PRESIDENT: Well, that merely tends to prove that two men planned to write similar letters. Does it tend to prove that they both sent them?
MR. McMAHON: I think it indicates that there is a strong possibility that this letter was sent to Milch, but it is not signed, I admit, and there are marks on it which may indicate that it was a draft copy.
THE PRESIDENT: Do I understand, Dr. Bergold, that you object to the receipt of this exhibit?
DR. BERGOLD: Yes, sir.
THE PRESIDENT: Can you advise the Tribunal where this original letter was found? Because, if it was found in the hands of the addressee, that would be conclusive proof that it was sent and received.
MR. McMAHON: Yes, Your Honor. I don't think we can say that. I believe that copy was found in the files of Himmler.
THE PRESIDENT: That is, of the writer?
MR. McMAHON: That's right.
THE PRESIDENT: Well, in that event, we'll hold a ruling on the admissibility of this exhibit to see, whether or not further proof is obtainable from the later exhibit that you referred to.
MR. McMAHON: Yes, Your Honor.
The prosecution would now like to offer in evidence, Document NOKW-451, which will be prosecution Exhibit No. 112, to be found on page 147 in the English and 136 of the German Document Books. This is the testimony given by Wolfgang Lutz, before the American Military Tribunal in the matter of the United States of America against Karl Brandt, et al, defendants on December 12, 1946, Justice Beals, presiding. Dr. Wolfgang Lutz was an assistant to Dr. Weltz in the Munich Institute. On page 148 of the English copy, beginning with the question: "Did you do any high altitude research there?", about half way down the page. Answer is "Yes."
"With whom did you work in this high altitude research?
A. Primarily alone.
Q. Did you ever work with a scientist at the Weltz Institute by name of Wendt?
A. Yes. I wrote a scientific treatise with him, together with him.
Q. Were you considered to be something of an expert in high altitude research?
A. Yes, I understand the question. I believe so, yes.
Q. And is the sane true of Wendt who collaborated with you on this paper?
A. Not in that form I believe.
Q. Do you know Doctor Rascher, witness?
- 445A
A. Yes.
Q. When and where did you first meet him?
A. At the Institute. It was discussed, I believe, in the second half of 1941.
Q. And it was the Institute of Weltz that you refer to?
A. Yes.
Q. Did Weltz ever offer you the opportunity to do high altitude research on human beings in the Dachau concentration camp?
A. Yes, Weltz asked Wendt and me whether we wanted to conduct such experiments.
Q. Did you accept or refuse this offer?
A. Both of us refused.
Q. Why did you refuse?
A. I personally primarily because I did not consider myself robust enough to conduct such experiments." Page 270 of the original:
"Q. Did you know that Dr. Rascher was going to make these high altitude experiments in Dachau?
A. It was discussed.
Q. You mean that it was known by various members of Weltz's Institute that these experiments were going to be carried out by Dr. Rascher?
A. It was discussed in the Institute whether such experiments were useful -- were expedient.
Q. But I asked you if it was known in the Institute that Rascher was going to carry out these experiments.
A. I believe so; yes.
Q. And you state that you refused the offer of Weltz to work on human beings in Dachau because you were not ruthless enough; is that right?
A. Yes.
Q. I take it that this means that you knew that brutality and ruthlessness would be required to do the work in Dachau?
A. Yes. An experiment involving a certain danger for the experimental subjects, of course, to a certain extent, ruthless, shall I say.
- 446A
Q. Now witness, do you recall when this offer was made to you by Weltz?
A. I cannot say exactly."
And coming down now to the base of the next page, the question:
"Q. Now, I will ask you, witness, if you attended a certain conference on Aviation Medicine held in the city of Nurnberg on the 26th and 27th of October 1942?
A. Yes.
Q. Do you remember, on the occasion of that meeting, that a paper was read by a man by the name of Holzloehner?
A. Holzloehner -- yes, I remember that.
Q. And what was the subject of the paper which Holzloehner read?
A. The subject of the paper was experiments -- rather, experiences -made on people whose body temperature had been greatly reduced by putting them in cold water.
Q. It was made clear at this conference by Holzloehner that experiments to study the effects of freezing had been made on living human beings?
A. Not the effects of freezing, but of general cooling.
Q. Did Rascher also have something to say at this meeting?
A. Holzloehner's report did not indicate that the experiments had been conducted on concentration camp inmates, and Rascher then rose and uttered a few sentences which indicated that the experiments had been instigated at the special suggestion of Himmler.
Q. And what did the statement that these experiments had been made with the support of the Reichsfuehrer SS Himmler, mean to you?
A. That is difficult to say. I believe that these present, on the whole, were quite impressed by this information.
Q. I will ask you if it was not understood at this meeting that these experiments had, in fact, been conducted on concentration camp inmates?
A. I cannot judge that with great certainty, but I believe that must have been made clear for most of them.
Q. Was it not also made clear, by the talks of Holzloehner and Rascher, that a number of the experimental subjects had been killed during the course of these experiments?
A. One could at least assume that had been the case, because Holzloehner mentioned certain observations of heart failure among the experimental subjects.
Q. Wasn't an important part of the clinical picture given to you and the rest of the meeting by Holzloehner, concerned with the causes of death from cold?
A. I cannot recall that.
Q. But you do state that it could have been easily assumed that people have died during the course of these experiments?
A. Yes.
Q. Now, witness, I will ask you if, at a time after this meeting, you had a discussion with a certain army officer, concerning the freezing experiments in Dachau?
A. Yes.
Q. And what did this army officer tell you?
A. The man visited me at our Institute in Munich, and we discussed some results of animal experiments which I had conducted, and he told me that it must be similar, or that it was similar with human beings. When I asked him how he knew that, he told me that he had been in Dachau and that Rascher had demonstrated some experiments during that visit and had shown him what freezing to death looked like in human beings.
Q. In other words, it had been demonstrated to this army officer at Dachau, how people died from cold?
A. That was the impression that I had; yes.
Q. Do you remember the name of this army officer?
A. No.
Q. Now, witness, I will ask you if you have had a discussion with BeckerFreyseng since the end of the war, concerning the high altitude experiments in Dauchau?
A. No.