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."
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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?
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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.
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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.
Q. Did you not one occasion see Becker-Freyseng in a prisoner of war camp?
A. I met him in Eibling, yes.
Q. And, did he tell you that Erhardt Milch knew all about the high altitude experiments conducted by Doctor Rascher in Dachau?
A. Becker-Freyseng told me that the Medical Inspectorate, that is, his office, in dealing with concentration camp experiments was by pressed; and that the Medical Inspectorate frequently had to try to prevent disaster.
Q. Did not Becker-Freyseng tell you that Erhardt Milch knew about the high altitude experiments at Dachau?
A. I cannot remember that exactly.
Q. Did he say anything about Erhardt Milch?
A. Yes, sir.
Q. What did he say?
A. That Milch had negotiated directly with Himmler regarding the execution of such experiments without consulting the Medical Inspectorate.
Q. I will ask you, witness, whether or not High Altitude problems are a matter which concerns a department for the Aviation Medical Inspectorate of the Luftwaffe. This is an aviation medicine problem, is it not?
A. The High Altitude Experiments, yes, certainly.
Q. Is the same thing tru of freezing problems?
A. Yes, certainly.
MR. McHANEY: I have no further questions."
The prosecution will now offer in evidence Document No. NOKW-041, which will be Prosecution Exhibit No. 113, and is on page 153 of the English and page 144 of the German Document Book. This document is an affidavit signed by Hermann Goering on the 27th of September 1946. Goering, of course, was Chief of the Luftwaffe. He described the duties of the Inspector Central of the Luftwaffe, defendant Milch, and the extent of his jurisdiction. A more authoritative statement of Milch's responsibilities and his position at the top of the command chain for the experiments could hardly be imagined.
This document firmly fixes Milch's guilt for the criminal medical experiments program. The affidavit reads:
"I Hermann Goering, swear, depose and state:
"That I am the former Reich Marshal of the German Reich and the former Commander in Chief of the Luftwaffe, that I have personal knowledge of all the facts stated here, and that I know these facts because of the position and responsibility which I had in the German Reich.
"That in approximately 1939 the former Field Marshal Erhard Milch was appointed Inspector General of the Luftwaffe and that as such he was directly responsible to me for the performance of his duties.
"That the Inspector General of the Luftwaffe was in charge of all tasks and responsibilities, with the exception of these which were concerned with tactical operations (the latter were handled by the Chief of my General Staff). The supervision of the Inspections, as well as the affairs of the Health and Medical Inspections was included in the tasks of the office of the Inspector General. Special questions, however, such as the number of hospitals to be put at the disposal of the individual air fleets, fell within the province of my Chief of Staff.
"That Generaleberstabsarzt Dr. Erich Hippke was Chief of the Medical Service of the Luftwaffe during the years 1941 till 1944 inclusive; that the office of the Chief of the Medical Service was directly responsible for the execution of all medical research and experiments; that the office of the Chief of the Medical Service, (for example), Hippke's office, was directly subordinated to the Inspector General, the former Field Marshal Milch."
This is signed, "Hermann Goering."
DR. BERGOLD: May it please the Tribunal, I know that I can't object to this document, even though Goering is dead.
However, I'd appreciate it if you could accept it only under one reserve, namely, if I can show -- unfortunately, I can't call Goering himself to testify -
THE PRESIDENT: Under what condition do you wish us to accept the document then?
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DR. BERGOLD; That is, the probative value of it.
THE PRESIDENT: You wish the Tribunal to bear in mind that you are unable to call Goering as a witness.
DR. BERGOLD: Yes.
THE PRESIDENT: The Tribunal will recess until tomorrow morning at 9:30.
THE MARSHAL: This Tribunal will recess until 0930, tomorrow morning.
(The Tribunal adjourned until 15 January 1947, at 0930 hours.)
Official Transcript of the American Military Tribunal in the matter of the United States of America, against Erhard Milch, defendant, sitting at Nurnberg, Germany, on 15 January 1947, 0930-1700, Justice Toms, presiding.
THE MARSHAL: The Honorable Judges of Military Tribunal No. 2. This Tribunal is again in session. God save the United States of America add this Honorable Tribunal. There will be order in the Court.
MR. McMAHON: May it please the Court, at the close of yesterday's session, I had completed the reading of Hermann Goering's affidavit, implicating General Field Marshal Milch in the medical experiments program. That was Exhibit No. 113, on page 153 of the English and 144 of the German Documents Books, 5B.
The prosecution will now offer in evidence Document NO-402, which will be Exhibit No. 114, and is on page 156 of the English Document Book, 146 of the German Book.
Will the Court excuse us for a minute, please, until we get the German copy down?
THE PRESIDENT: Meanwhile -- the exhibit starts on page 155.
MR. McMAHON: Yes; that's right, Your Honor. I think we can proceed now, Your Honor. This report is entitled: "Report on Experiments on Rescue from High Altitudes," signed by Doctors Ruff, Romberg and Rascher. It is dated July 28, 1942. On page 156 of the English copy and the second page of the German Document Book, the abstract, summarizing the report, reads:
"A report is to be made on experiments in which the possibility of rescue from high altitudes in the low pressure chamber is studied. Experiments were made at parachute sinking speeds up to 15 Km. (47,000 ft), without oxygen and up to 18 km. (59,000 ft.) with oxygen breathing as well as falling experiments speeds up to 21 km.
(68,000 ft.), altitude with and without oxygen. The results with practical significance will be discussed below."
452a I call Your Honors' attention to the bottom of this page, where the signatures of Rascher, Romberg and Ruff, for the D.V.L. appear, and also the sentence saying:
"These studies were carried out in conjunction with the research and instruction association 'Das Ahnenerbe'", and thereafter, the dateline, "Berlin, Adlershof, July 28, 1942."
Turning to the next page, Roman numeral I:
"INTRODUCTION AND STATEMENT OF THE PROBLEM."
"It is theoritically possible for man to reach as high an altitude as he may wish in an aircraft with a pressure cabin. However, the question must be settled as to what results or effects the destruction of the pressure cabin will have upon the human being, who in such cases is exposed in a few seconds to the low air pressure and thereby to the lack of oxygen, which is characteristic of high altitudes. Of particular practical interest is the question from what altitudes and by what means the safest rescue of the crew can be made. In the work at hand, a report is presented on experiments in which were studied the various possibilities of rescue of the crow under special experimental conditions. Since the urgency of the solution of the problem was evident, it was necessary, especially under the given conditions of the experiment, to forego for the time being the thorough clearing up of purely scientific questions."
Now, turning to the next page, under Roman numeral III "Results of the Experiments." Under this heading, Your Honors, No 1:
"Sinking experiments without oxygen breathing."
"Since a thoroughly dependable parachute oxygen apparatus is not yet generally available, experimental tests were made to determine from what altitudes a rescue with open parachute without oxygen is possible.
Therefore, sinking experiments were carried 453a out in which the mask was taken off after ascent with 02 (for oxygen) (for speed of ascent of the Chamber see Fig.
1), and, after a waiting period of 10 seconds the sinking was begun."
I refer to the experiments which is described three pages further on, on page 161, beginning with the second paragraph:
"Descending experiments were made in larger numbers from 15 km. (47,200 ft.) altitude. Since it became evident that at this altitude the approximate limits for what was possible under severe altitude sickness, spasmodic fits etc. had already been reached; an ascent was made as rapidly as possible with the oxygen apparatus to 15 km. altitude.
And the descent was begun. Since the results of these descending experiments were very typical and especially impressive it is necessary to present one of these experiments in detail. The protocol of an experiment will be represented as follows:"
MR. McMAHON: (Reading) "47,200 ft.
Lets the mask fall, severe altitude sickness, spasmodic (klonische) convulsions.
45,580 ft. Opisthotonus.
44,920 ft. Arms stretched stiffly forward; sits up like a dog, legs spread stiffly apart.
44,950 ft. Suspended in opisthotonus.
43,310 ft. Agonal convulsive breathing.
40,030 ft. Dyspnea, hangs limp.
23,620 ft. Uncoordinated movements with the extremities.
19,690 ft. Clonic convulsions, groaning.
18,080 ft. Yells aloud.
9,520 ft. Still yells, convulses arms and legs, head sinks forward.
6,560-0 ft. Yells spasmodically, grimaces, bites his tongue.
Does not respond to speech, gives the impression of someone who is completely out of his mind.
5 minutes (after reaching ground level) Reacts for the first time to vocal stimulation.
7 minutes Attempts upon command to arise, breathes deeply says in sterotyped mannner: "No, please."
9 minutes Stands upon command; severe ataxia, answers to all questions: "Just a minute." Tries spasmodically to recall his birth date.