The next document which the Prosecution will offer in evidence is document 1971-PS, which will be Prosecution Exhibit 81. This will be found on page 8 of the English document book and on page 9 and 10 of the German. This is Rascher's first report on the progress of the high-altitude experiments, made to Himmler. This is the first report. Rascher had begun the experiments at about March 15, 1942, the date he arrived at Dachau. This report mentions the fact that deaths had occurred, as is indicated by the autopsy reports on page 3. First reading of the letter which accompanied the report: "Highly esteemed Reichsfuehrer. Enclosed is an interim report on the low pressure experiments so far conducted in the concentration camp of Dachau. May I ask you respectfully to treat the report as secret. A few days ago Reich Physician SS (Reichsarzt-SS) Professor Dr. Grawitz made a brief inspection of the experimentation plant. Since his time was very limited no experiments could be demonstrated to him. SS Obersturmbannfuehrer Sievers took a whole day off to watch some of the interesting standard experiments and may have given you a brief report. I believe, highly esteemed Reichsfuehrer, that you would be extraordinarily interested in those experiments. Is it not possible that on the occasion of a trip to southern Germany you may have some of the experiments demonstrated to you?
If the results so obtained by the experiments are confirmed by further experimentation, entirely new data will be secured for science; simultaneously entirely now aspects will be opened to aviation. I hope that, thanks to the intended efforts of SS Obersturmbannfuehrer Sievers, the Luftwaffe will make no difficulties from now on. I am very much indebted to Obersturmbannfuehrer Sievers as he has **** shown a very active interest in my work in every respect. I thank you respectfully, highly esteemed Reichsfuehrer, for the generous realization of my proposition to conduct such experiments in the concentration camp. With my best wishes for your personal wellbeing, I am, Gratefully yours, signed S. Rascher."
The next document which the prosecution will offer in evidence is NO-318, which will be Prosecution Exhibit No. 82. This will be found on page 9 of the English book and 13 of the German document book. This document is a letter of 16 April 1942 from Obergruppenfuehrer Karl Wolff, of the SS a member of Himmler's personal staff and liaison man between Himmler and the Luftwaffe in this matter of medical experiments. It is addressed to General Professor Dr. Hippke and requests the prolongation of Rascher's assignment in Dachau. This letter demonstrates that the authorization of Rascher was by the Luftwaffe and subject to the decision of the Medical Inspection. The letter reads: "To the Chief of the Medical Service, General Oberstatsarzt, Professor Dr. Hippke. The Stabsarzt Dr. Rascher was commended for special experiments, the execution of which to pother with the experimental establishment for Air Navigation was rendered possible by the Reich Fuehrer SS at Dachau, to the experimental establishment for Aviation, Branch Office Dachau from March 16th until April 16th, 1942. The results obtained until now require a continuation of the experiments, particularly as they cannot bo completely terminated in the time provided as the procuring of a few technical appliances caused difficulties which can only be removed during next week. In the interest of the guarantee of a successful conclusion of the experiments, it is therefore requested to order the continuation of the authorization provisionally for four more 379-a weeks until the termination of the experiments.
Place of command; establishment for experiments for Aviation, Branch Office Dachau. The special research carried out, or actually taking place at Schengau will be individually executed together with the experiments at Dachau by Stabsarzt Dr. Rascher as has been done so far. Signed, SS-Obergruppenfuehrer and Lieutenant General of the Waffen SS."
The prosecution's next exhibit will be No, 83, which is Document No. NO-219. It is to be found on page 10 of the English Book, and on page 16 of the German book. This document is a letter dated 27th of April 1942 to Dr. Rascher, from Rudolph Brandt. Here Brandt asks Rascher to make up an over-all report on the experiments so Himmler can personally present it to Milch. This shows that Himmler intends to acquaint Milch with the progress of the experiment, and indicates that Milch is the Luftwaffe chief in these experiments. The letter reads: "Dear Comrade Dr. Rascher: The Reichsfuehrer has soon your letter of 16.4.42. He has shown the same interest in this report as in the one you sent recently. Ho would like you to make up for him an overall report on the experiments carried out to date, which he would like to present personally to General Fieldmarshal Milch. Kind regards to your wife and yourself. Yours. (initialed) R. Br., (Rudolph Brandt)."
The Prosecution now will introduce Document No. 296, which will be Prosecution's Exhibit No. 84. This is on page 11 of the English book, and page 17 of the German. This document is a letter, dated 29 April 1942. This is a reply by Dr. Hippke to Wolff's letter regarding an extension of Rascher's command. Hippke states that he has forwarded Wolff's letter to the physician of Airgau (VII with the request for extension. The letter reads: "To the Reich Leader SS, Chief of Personal Staff. I have received your recommendation concerning Stabsarzt (Reserve) Dr. Rascher. The recommendation was forwarded by me to the Air Gau Physician VII with the request to extend the Command. Heil Hitler. Signed Hippke."
MR. McMAHON: Prosecution will now offer in evidence Document NO-220, which will be Prosecution Exhibit No. 85. This letter is missing from the English book and the copy you will now receive is a supplemental copy. We will call this page 11a. This is a letter from Sigmund Rascher to the Reichsfuehrer SS Himmler inclosing a shot report. The letter reads:
"Highly esteemed Reichsfuehrer:
Enclosed I am forwarding a short summary on the principal experiments conducted up to date. A detailed report on the practical as well as the theoretical results will take some more time. I shall hurry. Since the material has to be processed the exploitation of the pathological preparations will take about ½ year though the Kaiser Wilhelm Institute for Brain Research will help us, I hope.
"Tonight I succeeded in seeing Dr. Fehrenkamp who has relatively recovered. He appeared to be very interested and I think there will be a fine and fruitful co-operation. Dr. Fehrenkamp who has an enormous knowledge most amiably promised to help me in everything. His opinion on my heart experiments he will give to you himself. From our conversation I have had the impression that a great field of work will open up to me yet. I thank you, highly esteemed Reichsfuehrer, for having opened these opportunities to me to such an extent.
"Unfortunately the extension of my assignment has not been settled yet; in accordance with the present regulations my assignment will be terminated on May 15.
Thanking you again I am with most obedient greetings and Heil Hitler Yours gratefully, signed S. Rascher.
I will now read the report which accompanies this letter, which report is dated 11 Hay 1942 and is on page 12 of the English book and, I believe, page 19 of the German copy.
"Secret Report.
"Based on results of experiments which up to now various scientists had conducted on animals only, the experiments in Dachau were to prove whether these results would maintain their validity on human beings.
"1. The first experiments were to show whether the human being can gradually adapt himself to higher altitudes. Some ten tests showed that a slower ascent without oxygen taking from six to eight hours, kept the functions of the senses of the various VP's, Versuchspersonen, human experimental subjects, fully normal up to a height of 8,000 meters. Within eight hours several VP's had reached a height of 9.5 kilometers without oxygen when bends occurred suddenly.
"2. Normally it is impossible to stay without oxygen at altitudes higher than six kilometers. Experiments showed, however, that after ascent to 8,000 meters without oxygen, bends combined with unconsciousness lasted only about 25 minutes. After this period the VP's had mostly become accustomed to that altitude; consciousness returned, they could make kneebends, showed a normal electrocardiograph and were able to work (60 to 70% of these cases examined).
"3. Descending tests on parachutes, suspended, without oxygen.
"These experiments proved that from 14 kilometers on down severest bends occurred which remained until the ground was reached. The deterimental effects caused by these experiments manifested themselves at the beginning as unconsciousness and subsequently as spastic and limp, paralysis, catotomy, stereotypy, and as retrograde amnesia lasting several hours. About one hour after the end of the experiment the VP's for the most part were still disoriented as to time and locality. The blood picture often showed a shift to the left; albumen and red and white blood corpuscles were regularly found in the urine after the experiment; cylinders were sometimes found. After several hours or days the blood and urine returned to normal. The changes of the electrocardiograph were reversible.
"Contrary to descending tests on parachutes without oxygen, descending tests with oxygen were carried out from heights up to 18 kilometers. It was proven that on the average the VP's regained the normal function of their senses at 12 to 13 kilometers. No disturbances of general conditions occurred during any of these experiments.
Brief unconsciousness at the beginning of the experiment caused no lasting disturbance. Urine and blood showed only a slight change.
"4. As the long time of descent on parachutes under actual conditions would cause severe freezing even if no detrimental effects were caused by lack of oxygen, VP's were brought by sudden decreases in pressure with a cutting torch from 8 to 20 kilometers, simulating the damage to the pressure machine of the high-altitude airplane. After a waiting period of ten seconds, corresponding to stepping out of the machine, the VP's were made to fall from this height with oxygen to a height where breathing is possible. The VP's between 10 and 12 kilometers and at about 8 kilometers pulled the parachute lever.
"5. In experiments of falling from the same height without oxygen the VP's regained normal function of their senses only between two and five kilometers.
"6. Experiments testing the effect of Pervitin on the organism during parachute jumps, proved that the severe after-effects, as mentioned under No. 3, were considerably milder. The Hoehenfestigkeit, ability to withstand the conditions at high altitudes, was only slightly improved, while the bends since they were not noticed occurred suddenly.
"7. Dr. Kliches, Karls-University in Prague, reports in the publication of the Reich Research Council: "By prolonged breathing of oxygen, human beings should theoretically be kept fully fit up to 13 kilometers, practically the limit is around 11 kilometers."
"Experiments which I carried out in this connection proved that with pure oxygen no lowering of the measurable raw energy (ergometer) was noticeable up to 13.3 kilometers. The VP's merely became unwilling since pains of the body cavities grew too severe, dur to the lowering of pressure between body and thin air. when pure oxygen was inhaled bends occurred in all 25 cases only at heights about 14.2 kilometers.
"As practical result of the more than 200 experiments conducted at Dachau the following can be assumed:
"Flying in altitudes higher than 12 kilometers without pressurecabin or pressure-suit is impossible even while breathing pure oxygen. If the airplane pressure machine is damaged at altitudes of 13 kilometers and higher the crew will not be able to bail out of the damaged plane themselves since at that height the bends appear rather suddenly. It must be requested that the crew should be removed automatically from the plane, for instance, by catapulting the seats by means of compressed air. Descending with opened parachute without oxygen would cause severe injuries due to the lack of oxygen besides causing severe freezing; consciousness would not be regained until the ground was reached. Therefore, the following is to be requested. 1. A parachute with barometrically controlled opened. 2. A portable oxygen apparatus for the jump.
"For the following experiments Jewish professional criminals who had committed "Rassenschande" (race pollution) were used; the question of the formation of embolism was investigated in ten cases. Some of the VP's died during a continued high altitude experiment; for instance, after one-half hour at a height of 12 kilometers. After the skull had been opened under water an ample amount of air embolism was found in the brain vessels, and, in part, free air in the brain ventricles.
"To find out whether the severe psychical and physical effects, as mentioned under No. 3, are due to the formation of embolism, the following was done: after relative recuperation from such a parachute descending test had taken place, however, before regaining of consciousness, some VP's were kept under water until they died. When the skull and the cavities of the breast and of the abdomen had been opened under water an enormous amount of air embolism was found in the vessels of the brain, the coronary vessels, and the vessels of the liver and the intestines, etc.
"That proves that air embolism, so far considered as absolutely fatal, is not fatal at all, but that it is reversible as shown by the return to normal conditions of all other VP's.
"It was also proved by experiments that air embolism occurs in practically all vessels even while pure oxygen is being inhaled. One VP was made to breathe pure oxygen for two and one-half hours before the experiment started. After six minutes at a height of 20 kilometers he died and at dissection also showed ample air embolism as was the case in all other experiments.
"At sudden decreases in pressure and subsequent immediate falls to heights where breathing is possible no deep reaching damages due to air embolism could be noted. The formation of air embolism always needs a certain amount of time.
(Signed) Dr. Rascher."
The next document to be presented is NO-476, which will be Exhibit No. 86. The English copy of this is illegible. Consequently, we are distributing another legible copy. I would like to include NO-610 in this Exhibit No. 86. NO-610 is an exhibit containing pictures of high altitude experiments and the results which they had on the experimental subjects.
THE PRESIDENT: We have the copies in the book.
MR. McMAHON: Yes, that was included in the book, Your Honors.
MR. PRESIDENT: What is meant is the document you just offered includes a lot of photographs?
MR. McMAHON: Yes, your Honor, plus the affidavit of Dr. Romberg which is NO-476. The pictures arc NO-610. They are accompanied to this affidavit but they are both to be submitted as Prosecution Exhibit No. 86. This affidavit of Dr. Romberg reads as follows:
"I, Hans Wolfgang Romberg, being duly sworn, depose and state:
"I. I was born on 15 May 1911 in Berlin. From 1929 to 1935 I studied 385-a medicine at the Universities of Berlin and Innsbruck.
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.