A. Medical Experiments (continued 3)

Experiments with a pressure drop from 4 km. [13,100 ft.] without previous breathing in of oxygen were not carried out by us because we proceeded from the viewpoint that when contact with the enemy is possible, pressure cabin machines fly with a pressure corresponding to 8 km. [26,200 ft.] altitude and, therefore, the crews would already be breathing oxygen in case of a possible pressure drop as a result of damage to the cabin.

[page 25 of original]

Since the falling experiments without oxygen had already given such good results, falling experiments were begun only at 20 km. [65,600 ft.] altitude, and, because of the limitations described above, could be carried out only to 21 km. [68,900 ft.]. In these the results obtained by Lutz and Wendt were fully corroborated in this respect, that jumps from above 21 km. [68,900 ft.] can probably be made without danger, and that ebullition of the blood does not yet take place up to 21 km. [68,900 ft.] altitude. On the other hand in a falling experiment with human beings, neither a post-hypoxemic pseudo-death nor a post-hypoxemic twilight sleep were ever observed (Lutz).

In conclusion, we must make it particularly clear that, in view of the extreme experimental conditions in this whole experimental series, no fatality and no lasting injury due to oxygen lack occurred.

V. Conclusions from the Results

For practical rescues by parachute jump from the highest and higher altitudes the experiments yielded the following:

The parachute jump without oxygen with immediate opening of the parachute is possible up to a jumping altitude of 13 km. [42,700 ft.]; the jump with oxygen equipment can be made at jumping altitudes up to 18 km. [59,100 ft.]. Advice must be given against jumping and immediate opening of the parachute since there is considerable danger of freezing and there is no need to pull the rip cord at high altitudes. However the experimental data give some indication of the chances of the parachute jumper whose parachute has become unfolded from whatever cause.

The jump with a free fall and opening of the parachute at low altitudes can be made without oxygen equipment up to altitudes of 20 km. [65,600 ft.], with oxygen up to 21 km. [68,900 ft.], and probably considerably higher.

In all the experiments at great height, even in experiments with oxygen breathing, unconsciousness occurred extraordinarily rapidly and was naturally preceded by loss of control before that. In one unfavorable case of a subject in the standing position during a descending experiment with oxygen, jumping from an altitude of 18 km. [59,100 ft.], unconsciousness occurred after 7 seconds. One may not count on a longer time than 10 seconds before loss of control occurs at high altitudes even with the body at rest. So within that time the airplane must be abandoned or at least one must activate the ejection seat. The technical solution of this problem must be found through a different approach. It is certain only that it will be impossible to climb out under one’s own power, that one must avoid absolutely all bodily exertion, and that the time must be kept as short as possible. Rescue is still possible from very great heights; the critical part is the abandoning of the aircraft.

Oxygen equipment is absolutely necessary at these altitudes, since it assures the most favorable conditions for the jump. In case of failure of the equipment, loss of the mouthpiece or other mishaps, we still need not count upon serious disturbances or injuries up to 20 km. [65,600 ft.]. Even jumps from 21 km. [68,900 ft.] will go well if there is automatic opening of the parachute through barometrical control at 7 to 4 km. [23,000 to 13,100 ft.] altitude.

The automatic opening is also essential for several other reasons:

1. In particular cases the parachute jumper is not able to regain consciousness at a sufficient altitude above the ground because of collapse or injury.

2. As a result of cold the jumper may be handicapped by immobility of his hands, and thus be hindered in pulling the rip cord.

3. As a result of the unconsciousness resulting from anoxia, the

[page 27 of original]

parachute jumper loses all sense of the time which has elapsed since his jump, as was shown in all experiments, so that it is impossible for him, with failing eyesight, to estimate his altitude.

On the other hand it is desirable, on the basis of the reason adduced under number 3 above, that the opening of the parachute at altitudes above 7 km. [23,000 ft.] be prevented, since very often the parachute jumper would pull the rip cord immediately after recovering from his altitude sickness, which may be too soon and at too high an altitude.

The best conditions for explosive decompression itself and for the seconds elapsing until the appearance of altitude sickness are provided if flying is done at a cabin pressure corresponding to 8 km. [26,300 ft.] and with oxygen breathing.

Since it may become necessary to abandon the aircraft for reasons other than damage to the pressure cabin, the pressure equalization at a predetermined rate must be made possible by means of a valve.

In case abandonment does not appear necessary in spite of the loss of cabin pressure the danger of oxygen lack is still less with the automatic diving control mechanism than in a parachute jump, since the dive may be made with considerably greater rate of descent.

VI. Summary

Experiments were instituted upon the possibility of rescue from altitudes up to 21 km. [68,900 ft.].

Without parachute oxygen equipment, rescue in descending experiments is still possible from 13 km. [42,700 ft.], with equipment, from 18 km. [59,100 ft.]. The danger arising from cold must be considered.

In falling experiments, rescue from 21 km. [68,900 ft.] altitude with and without oxygen was proved possible. Automatic parachute opening is necessary. Ebullition of the blood does not yet occur at 21 km. [68,900 ft.] altitude.

[page 28 of original]

Oxygen must be breathed before explosive decompression. Abandonment must be by means of the ejection seat. The dive to safe altitude offers good possibilities of rescue if abandonment of the plane is not necessary after loss of the cabin pressure.

Bibliography

Lutz and Wendt—“Animal Experiments on Parachute Jumping from High-Pressure Cabins.” Communications in the Field of Aviation Medicine, Research Report 5/42.

Romberg—“The Parachute Jump from Great Heights.” German Aviation Research, Research Report No. 1416.

TRANSLATION OF DOCUMENT 343-A-PS

PROSECUTION EXHIBIT 62

LETTER FROM MILCH TO WOLFF, 20 MAY 1942, REGARDING CONTINUATION OF EXPERIMENTS

Field Marshal Milch

Secret

Berlin W 8, 20 May 1942 Leipzigerstrasse 7

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 Air Force 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 sea, would be important. These have been prepared in immediate agreement with the proper offices; Major (M. C.) Weltz will be charged with the execution and Captain (M. C.) Rascher will be made available until further orders in addition to his duties within the Medical Corps of the Air Corps. 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 Air Corps 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

SS Obergruppenfuehrer Wolff

Berlin SW 11.

TRANSLATION OF DOCUMENT 343-B-PS

PROSECUTION EXHIBIT 70

LETTER FROM MILCH TO HIMMLER, 31 AUGUST 1942, ACKNOWLEDGING RECEIPT OF REPORTS BY RASCHER AND ROMBERG ON HIGH-ALTITUDE EXPERIMENTS

Field Marshal Milch

Berlin, W 8, 31 Aug. 1942 Leipzigerstrasse 7

Dear Herr Himmler!

I thank you very much for your letter of 25 August. I have read with great interest the reports of Dr. Rascher and Dr. Romberg. I am informed about the current experiments. I shall ask the two gentlemen to give a lecture combined with the showing of motion pictures to my men in the near future.

Hoping that it will be possible for me to see you on the occasion of my next visit to Headquarters, I remain with best regards and

Heil Hitler!

Yours,

[Signed] E. Milch

Reich Leader SS and Chief of the German Police Himmler

Berlin SW 11.

TRANSLATION OF DOCUMENT NO-289

PROSECUTION EXHIBIT 72

LETTER FROM HIPPKE TO HIMMLER, 8 OCTOBER 1942, THANKING THE LATTER FOR HIS ASSISTANCE IN HIGH-ALTITUDE EXPERIMENTS IN DACHAU

Berlin W 8, 8 October 1942 Leipziger Str. 7

Telephone 52 00 24

To the Chief of the German Police, Reich Fuehrer SS Himmler, Berlin SW. 11, Prinz Albrecht Str. 8

Subject: Letter 1309/42 of 25 August 1942 to State Secretary Milch concerning experiments for rescue from high altitudes.

Very honored Reich Leader SS,

In the name of German research on aviation medical problems, I beg to thank you very obediently for the great help and all the interest shown in the Dachau experiments; these experiments form a complement which is, for us, of great value and importance.

The fact that an atmosphere with so little oxygen can be endured at all for some time is most encouraging for further research.

It is true that no conclusions as to the practice of parachuting can be drawn for the time being, as a very important factor, namely cold, has so far not yet been taken into consideration; it places an extraordinary excess burden on the entire body and its vital movements, so that the results in actual practice will very likely prove to be far more unfavorable than in the present experiments.

In the meantime the supplementary tasks required now have been begun. In part they will have to be finished only after completion of the new Research Institute for Aviation Medicine of the Reich Air Ministry in Tempelhof, whose low-pressure chamber will include all cold generating apparatus and also an installation for producing conditions at a height of 30 kilometers.

Freezing experiments in another direction are, in, part, still being made at Dachau.

When the work will need once more your sympathetic assistance, may I be allowed to get in touch with you again through Stabsarzt Dr. Rascher?

Heil Hitler

[Signed] Prof. Dr. Hippke

TRANSLATION OF DOCUMENT NO-224

PROSECUTION EXHIBIT 76

NOTE BY ROMBERG ON SHOWING OF FILM IN OFFICE OF STATE SECRETARY MILCH, AND PROPOSED REPORT TO MILCH, 11 SEPTEMBER 1942

On 11 September 1942, at 9:45 o’clock, Stabsarzt Dr. Rascher and Dr. Romberg met, according to telephonic and oral agreements with Colonel Pendele, in the antechamber of the State Secretary. We were informed that the State Secretary had ordered this conference at the present stage, in the course of which a report on experiments concerning “rescue from great heights” was to be made, and the motion picture concerning these experiments was to be shown. The gentlemen waiting in the antechamber of the State Secretary and in the corridor (most of them from the experimental staff) were informed that previous to the conference a motion picture was to be shown, so that all went to the projection room on the fifth floor. Here quite a large number of people were already present, so that 30-40 persons were there in all. Among them were officers, medical and engineer officers—we know some of them personally—some whose presence surprised us in view of the top secret nature of the motion picture and of the experiments. No checking of the persons present was done, nor was there an attendance list. As, after a short time of waiting, the State Secretary had not come, the motion picture was shown, without giving us an opportunity for preliminary or explanatory remarks. During the intermission between the two parts of the motion picture, Dr. Rascher referred once more to the strict obligation of secrecy ordered by the Reich Leader SS. After completion of the showing of the motion picture—the State Secretary had not come, as he had been summoned to see the Reich Marshal [Goering]—the persons present still talked a little while about the motion picture, on which occasion less interest was shown in the subject itself than in the place of the experiments and the individuals who had been the subjects. After this period of time, during which we were neither called upon to make any statements whatsoever nor were we, considering the great forum and the absence of the State Secretary, inclined to give any reports the greater part of those present went back to the development conference, while Oberstarzt Wuerfler, Oberstarzt Professor Kalk, Stabsarzt Bruehl and Regierungsrat Benzinger asked us to make a report to a small medical circle. As, however, the State Secretary had prohibited that any report be made before the distribution had been decided on, we refused to disclose the results of the experiments. Oberstarzt Kalk stated that he was willing to report to the State Secretary our wishes concerning the distribution of the report and the continuation of the experiments. The film was handed to Colonel Vorwald.

According to the conference with Obersturmbannfuehrer Sievers, I tried to get the film back on the same day, but Colonel Vorwald was still at the development conference. When I telephoned the next day and requested that the film be handed back, Colonel Vorwald declared that he would like to keep the film until after Sunday, 13 September, since on this day the Reich Marshal was coming and might perhaps desire to see the film. Accordingly, I let Colonel Vorwald keep the film for that day. On 14 September, I went to fetch the film from Colonel Vorwald, and was informed that it had not been shown. On the same day I spoke with Stabsarzt Bruehl, who informed me that Oberstarzt Kalk had transmitted, still on 11 September, our wishes concerning distribution and confirmation of the experiments to the State Secretary. The State Secretary had approved the distribution schedule, and said that a continuation of the experiments was not urgent. A few days later the distribution schedule accepted by the State Secretary was sent to the German Aviation Research Institute by Colonel Pendele, and the report was subsequently transmitted by the Institute to the offices concerned. Since that time I have not received any news either concerning the film or concerning the report.

[Signed] Dr. Romberg

TRANSLATION OF DOCUMENT 1612-PS

PROSECUTION EXHIBIT 79

LETTER FROM RUDOLF BRANDT TO RASCHER, 13 DECEMBER 1942, AND HIMMLER’S ORDER ASSIGNING RASCHER TO HIGH-ALTITUDE EXPERIMENTS

The Reich Leader SS

Field Command Post

[Rubber stamp]:Personal Staff of Reich Leader SS

Documentation Section

File No.: Confidential

Field Command Post, 13 December 1942

The Reich Leader SS

Personal Staff

Journal No. 19/10/43 g, Bra/Secret

1.Hauptsturmfuehrer Dr. med. Rascher [illegible] * * * SS

2.Reich Leader SS Berlin

3.Medical Office in SS Fuehrungshauptamt (SS Operational Main Office) Berlin

4.SS Obergruppenfuehrer Pohl, Berlin

5.Ahnenerbe Berlin-Dahlem

Enclosed I am sending you a letter of the Reich Leader SS (copy of same) with an order for SS Hauptsturmfuehrer Dr. Rascher.

You are requested to duly note and accord needed assistance to Hauptsturmfuehrer Dr. Rascher in the carrying through of his experiments.

By order

[Initialed] B.

SS Obersturmbannfuehrer

Prinz Albrechtstrasse

[Rubber stamp]Personal Staff of Reich Leader SS

Documentation Section

Journal No.: Confidential

SS Hauptsturmfuehrer Dr. Rascher is being assigned by me to carry through the following experiments:

1. Low-pressure chamber experiments—to be carried out under conditions corresponding to those actually prevailing under normal operating conditions—for rescue from high and extremely high altitudes. Determination of changes in chemical equilibrium, as well as gas equilibrium of human body. Experiments are to be repeated until a scientifically incontestable basis for findings is established. Testing of pressure-proof protection garments for the highest altitudes to be carried out with the assistance of manufacturers of such protective suits.

2. Tests for reimparting warmth after total chilling of the human body, recording all changes of chemical and gas characteristics, are to be further continued until complete clarification of doubtful questions. I attach particular value to conditions for experiments coming as close to actual conditions as possible, particularly as regards reimpartation of warmth. Sauna equipment available in Dachau should be used in connection with experiments on reimpartation of warmth.

3. Experiments on removal of effects due to freezing of parts of human system, especially the extremities, to be carried through in suitable form (e. g. applications with Gastein water).

4. Experiments concerned with adaptation to freezing cold in snow huts (igloos) to be carried out under varying diets in order to establish whether adaptation to cold [German text says “Gewaehrung”, i. e. consent, which evidently is a typographical error] and resistance increase against freezing is possible. These experiments are to be carried out on the site of the SS Mountain Retreat Sudelfeld.

5. The procurement of the apparatus needed for all the experiments should be discussed in detail with the offices of the Reicharzt SS, of the SS Main Office for Economic Administration and with the Ahnenerbe. The necessary chemical products, medical supplies, and glassware will be made available by the SS Medical Office, Berlin.

6. Publication of results obtained in such tests subject to my approval only.

[Signed] H. Himmler

EXTRACTS FROM THE TESTIMONY OF TRIBUNAL WITNESS WALTER NEFF^[25]

EXAMINATION BY PROSECUTION

Mr. McHaney: * * * When did the high-altitude experiments begin in Dachau?

Witness Neff: The first high-altitude experiments were on 22 February 1942. The so-called low-pressure chambers had been brought in earlier and dismounted. The exact time when the chambers came is not known to me.

Q. Why do you remember the date when the first experiments were made in the low-pressure chambers so well?

A. The 22d of February is my birthday and the tubercular patients gave a party for me. On that date the experiments started, and that is why I remember the date.

Q. Will you tell the Tribunal who worked on these experiments?

A. The experiments were conducted by Dr. Rascher and Dr. Romberg. Ten prisoners were selected and were taken to the station as permanent experimental subjects; and they were told that nothing would happen to them. In the beginning, the first 3 weeks, the experiments went off without incident. One day, however, Rascher told me the next day he was going to make a serious experiment and that he would need 16 Russians who had been condemned to death, and he received these Russians. Then I told Rascher that I would not help, and I actually got Rascher to send me away to the tubercular ward. On that day I know for certain that Rascher’s SS man Endres or other SS men conducted these experiments. Dr. Romberg was not there that day. The SS man Endres took the Russian prisoners of war to Rascher and in the evening the parties were taken out. On the next day when I returned to the station, Endres was already there and he said that two more, two Jews, would be killed. I am quoting what he said. I left the station again, but I watched to see who would be taken for the experiments. I saw the first one getting into the car. I could only see his profile. It seemed familiar to me. I knew that man worked in the hospital as a tailor. I tried to find out if it was really that man. I went to the place where he worked, and I was told that Endres had just taken the man away. The first person that I informed was Dr. Romberg whom I met in the corridor. I told Romberg that this was not a person who had been condemned to death, that this was a clear case of murder on the responsibility of Endres. Romberg went with me to see Rascher to clear the matter up, but it was discovered that Endres had put this man in the experimental car because he had refused to make a civilian suit for him. Rascher sent the man back; Endres went with him and remarked: “Well, then you will get an injection today.” I must say that Rascher interfered once more and put the man in safety into the bunker. In the meantime, Endres had brought a second man up, a Czech, whom I knew very well. Again it was Romberg together with me who talked to Rascher to stop this experiment or to inquire why a man like Endres was simply taking people who had never been condemned to death. Rascher went to the camp commandant, Piorkowski, who personally came to the station and Endres was transferred to Lublin immediately.

And now I come to the subject: it was actually the day on which my comrade and I reached the decision that under all circumstances, no matter what happened, I would not remain at this——

Q. Now, Witness, let me interrupt you just a minute. We will come back and you can tell the full story then.

Presiding Judge Beals: I will ask the Secretary General to turn this book over to counsel for the prosecution, and defense counsel may examine the book.

Mr. McHaney: Now, Witness, before the recess, you had been telling the Tribunal about the high-altitude experiments which you stated began on 22 February 1942, and you had related how early in March Rascher had experimented upon some 15 Russians who were killed and you stated that neither you nor the defendant Romberg were present on that occasion and you then had gone on to relate that an SS man in Dachau named Endres had brought in the tailor at the camp and wanted him to be experimented upon and how you recognized the tailor and interceded with Romberg and had this man returned. Now, before you continue with your story, I would like to put some specific questions to you. It is true, is it not, that concentration camp inmates were experimented on during these high-altitude experiments?

Witness Neff: Yes.

Q. About how many concentration camp inmates were subjected to these high-altitude experiments?

A. There were 180 to 200 inmates who were subjected to the high-altitude experiments.

Q. When, to the best of your recollection, did the high-altitude experiments end?

A. The incident of the dead—I am afraid I didn’t quite get your question. Will you repeat it?

Q. I am asking you, Witness, when the high-altitude experiments ended, that is, when they were completed.

A. During the course of June—maybe the beginning of July, the low-pressure chambers were taken away. I don’t recollect the exact date, however.

Q. And you state that between 22 February 1942 and the end of June, or the beginning of July 1942, approximately 180 to 200 concentration camp inmates were experimented on?

A. Yes.

Q. What nationalities were the experimental subjects?

A. I cannot say that with certainty but I think that approximately all nations were represented there; that is, all nations that were in the camp, mostly Russians, Poles, Germans, and Jews belonging to any nation. I do not remember any other nationalities being represented there.

Q. Were any of these experimental subjects prisoners of war?

A. Yes.

Q. What nationalities were they? Do you recall?

A. They were Russians.

Q. Now, will you tell the Tribunal how these experimental subjects were selected?

A. The experimental subjects who had to be subjected to severe experiments, experiments that would end in death, were requested by Rascher from the camp administration and then furnished by the SS; however, this procedure differed with the so-called series of experiments and a number of other experiments. For those experiments, the people were brought into the experimental station straight from the camp, that is, from the blocks.

Q. Now, did they, to your knowledge, make any effort in the camp to secure volunteers for these experiments?

A. There were certain volunteers for these experiments. That was because Rascher promised certain persons that they would be released from the camp if they underwent these experiments. He sometimes promised them that they would be detailed to more favorable work.

Q. Now, about how many of such volunteers would you say there were for the high-altitude experiments?

A. I do not know the exact number. It was not very high; approximately 10 inmates volunteered for that purpose.

Q. Did these volunteers come one at a time, or did they come in a body, or just how did they present themselves to the experimental stations?

A. Rascher moved around the camp quite a lot and on that occasion the inmates spoke to him.

Q. In other words, the camp officials and Rascher and Romberg made no effort to find volunteers, did they?

A. I don’t know, but I should not think so. I should not think that they made great efforts to get volunteers.

Q. Now, other than these approximately 10 persons who you state presented themselves as volunteers, were all the rest of the experimental subjects simply picked out and brought in and experimented on?

A. Yes.

Q. Were any of these prisoners experimented upon released from the concentration camp because they underwent the experiments?

A. There is only one man who was released after the high-altitude experiments.

Q. And who was that?

A. An inmate with the name of Sobota.

Q. And did Sobota assist Rascher in his experimental work other than simply undergoing the experiment? Was he something in the nature of an assistant to Rascher?

A. No. Sobota was one of those persons who had to undergo most of the experiments and he was also used on one experiment which was conducted in the presence of the Reich Leader SS. On that occasion he was asked by the Reich Leader how long he had been in the camp and he promised him that he would be released. He was later sent to the Group Dirlewanger.

Q. Was it considered a privilege to be released to the Group Dirlewanger?

A. No. The inmates who later were forced to transfer to the Group Dirlewanger thought that this was the worst thing that could happen to them.

Q. Will you tell the Tribunal just what the Group Dirlewanger was?

A. The Group Dirlewanger was an SS division who received their education in Oranienburg and who were used for special purposes. At one time 200 German political inmates in this group were transferred to Russia. All persons who were forced to join this group were very disgusted at being forced to join the SS and fight for them. They considered being selected to join the SS as the very worst disgrace.

Q. Was the Dirlewanger a special commando group?

A. Yes, it was a special commando group and was assigned to the most dangerous spots. However, I only know that from comrades to whom I have spoken about this matter after the liberation.

Q. Other than the prisoner Sobota, were there any other concentration camp inmates released as a result of undergoing the high-altitude experiments?

A. I know of no case except Sobota.

Q. Do you know of any cases where a prisoner condemned to death had his sentence commuted to life imprisonment because he underwent the high-altitude experiments?

A. No.

Q. Witness, were any political prisoners used in these high-altitude experiments?

A. Yes, there were political prisoners who were used in these experiments. All foreigners were considered political prisoners.

Q. Witness, tell the Tribunal how one could tell the difference between a political and a criminal prisoner in a concentration camp?

A. All inmates had certain squares with letters; the political inmates had red squares; the German political inmates had a plain red square; the Poles had a red square with a “P” marked on it; the Russians with an “R”; all nationalities could be identified by the first letter of their country. The red square with a yellow star was the Jew. The green square, on the other hand was the sign of the so-called professional criminal. Here it must be said that there were quite a number of people with green squares who did not fall under the classification of professional criminals, but who were sent to the camp with that square since the Gestapo could find no excuse to send them into the camp as political prisoners.

Q. Now, was this square really a square or a triangle?

A. It was really a triangle with the head of the triangle pointed down to the earth. If it pointed upward, it indicated a member of the Wehrmacht who was sent to the camp for punishment.

Q. Witness, were any Jews experimented on in these high-altitude experiments?

A. Yes.

Q. Now, tell the Tribunal approximately how many prisoners were killed during the course of the high-altitude experiments?

A. During the high-altitude experiments 70 to 80 persons were killed.

Q. Did they experiment on prisoners other than those condemned to death?

A. Yes.

Q. Were any of those prisoners who had not been condemned to death killed during the course of the high-altitude experiments?

A. Yes.

Q. Do you have any idea how many may have been killed?

A. There could have been approximately 40 persons.

Q. That is, 40 persons were killed, who had not been condemned to death, out of a total of 70, did you say?

A. Yes.

Q. Now, were some of those killed political prisoners?

A. Yes.

Q. Is there any way of telling whether or not a prisoner had been condemned to death—that is, when the experimental subject arrived in the pressure chamber, was there any way to know whether he had been condemned to death?

A. Once the experimental subjects came from the Bunker, that is, if the SS brought them out, we could always tell they were prisoners who had been condemned to death. When the inmates were sent by the camp leader, and were brought there by him, then we could also tell they were persons who came from the camp, and that they were not persons who had been condemned to death.

Q. Could Romberg know this just as you did?

A. He could only know it if he tried to find out about it, because he could hardly differentiate whether the person concerned came from the Bunker or came from the camps.

Q. But you could tell that yourself?

A. Yes.

Q. Did Romberg ever ask you whether or not these experimental subjects had been condemned to death?

A. I do not remember Romberg ever asking me about that.

Q. Were records kept in the concentration camp which showed whether or not a man had been condemned to death?

A. Yes.

Q. Do you know whether Romberg ever checked these records?

A. I do not know that.

Q. You do not know if he ever checked them, is that right?

A. No.

Q. Can you remember, approximately, how many deaths Romberg witnessed during these high-altitude experiments, if any?

A. I can remember five cases where Romberg was present during cases of death; whether he was present on other occasions, I do not know. It is possible, but I am not sure of it.

Q. You are sure of only five cases?

A. Yes.

Q. Did Romberg ever make any objections concerning these deaths?

A. I do not know of Romberg having made any protests against it.

Q. He did not make any protest in your presence?

A. Only at the time when we were concerned with the incident which I spoke of earlier. I do not know anything about anything else.

EXTRACTS FROM THE TESTIMONY OF DEFENDANT RUDOLF BRANDT^[26]

DIRECT EXAMINATION

Dr. Kauffmann: Now I should like to speak to you about Document Book No. 2, concerning the high-altitude experiments of Dr. Rascher. You said this morning that you knew Rascher?

Defendant Rudolf Brandt: Yes.

Q. Did you see him frequently?

A. Very few times in the course of 4 to 5 years.

Q. Did he come to your office and speak with you?

A. Twice when I was about to leave Munich by train, he and his wife brought a letter for Himmler to the station and gave it to me.

Q. And what did he want when he came to Himmler’s front office and saw you?

A. Either he brought a report or a letter; as I said, this could not have happened more than 4 or 5 times.

Q. Were you ever present when Himmler talked with Rascher?

A. No. I was never present at those conferences.

Q. Did Rascher ever tell you personally, either before or after a conference with Himmler, why he had come?

A. No. Afterwards we never spoke about these visits because I had no time for that.

Q. But you do not want to deny that you knew that Rascher was carrying out experiments on human beings in Dachau?

A. Yes, that I knew.

Q. Did you ever visit Dachau yourself?

A. No. I was never in Dachau nor in any other concentration camp.

Q. Did you yourself ever take part in experiments on human beings?

A. No.

Q. Did you see these photographs which are supplements to the document books?

A. I cannot recall ever having seen them.

Q. Now, please turn to page 53. This is a letter from Rascher to Himmler in which he makes suggestions to Himmler for the first time that human being experiments should be carried out in Dachau. In this letter he says that in these experiments he would certainly have to count on fatal consequences for some of the subjects. Do you remember receiving this letter? If not, can you say how you probably would have handled this letter when it came?

A. I do not remember the letter. As in all cases I certainly would have put this letter among the mail that Himmler would read personally, after one glance through it had assured me that it was a medical matter in which Himmler was generally interested.

Dr. Kauffman: We are speaking now, your Honor, of 1602-PS, Prosecution Exhibit 44.

Q. Now, please look at page 57 of the German document book. This is 1582-PS, Prosecution Exhibit 45, a letter from you to Rascher in which you tell him that, of course, prisoners will gladly be made available for high-altitude experimentation. Was this letter written on your own initiative or is it a case similar to all the others that you have brought up here, namely, a letter written on orders from Himmler?

A. This letter does not originate with me. It can be traced back to clear orders from Himmler.

Q. Now, please take a look at 1581-A-PS, Prosecution Exhibit 48, a letter that bears your signature, addressed to Sievers. Here you write that low-pressure experiments are being carried out by the Luftwaffe in Dachau on prisoners there. Then look at the next Document, 1971-A-PS, Prosecution Exhibit 49, a letter from Rascher to Himmler. In the first sentence of this letter there is mention of an enclosed interim report, and there is no doubt that this interim report was enclosed. Now, did you read this interim report?

A. I should assume that I did not because firstly, such medical reports were quite incomprehensible to me as a layman; and, secondly, because of all the work which I had to do, I did not have enough time to concern myself with reports which, first of all, I didn’t understand and, secondly, did not interest me. Thus it is that I put this report in with the mail that Himmler was to read without reading it myself.

Q. Now, please look at 1971-D-PS, Prosecution Exhibit 52, apparently a teletype message from Rascher to you. Here Rascher asks whether Poles and Russians are also to be pardoned if they have survived several severe experiments. In 1971-E-PS, Prosecution Exhibit 53, your answer is to be found, a teletype message to Obersturmfuehrer Schnitzler in Munich. In this letter you say that experimental subjects are not to be pardoned if they are Poles or Russians. This document was given particular stress by the prosecution, and its cruel and atrocious nature was emphasized. Do you remember this document or can you give us any explanation of how it came about that you signed this teletype message?

A. I cannot remember this communication. Of course, I cannot here state under oath whether this is one of those cases in which a teletype message was sent on Himmler’s orders with my signature to it. It is also quite possible that I saw this message and knew its contents and sent it off, after receiving instructions from Himmler.

Q. But I should think that you would still remember a document with such contents today; and yet you say that you do not remember it?

A. No, I do not. In view of the enormous number of orders that I got from Himmler, I could not concern myself enough with the details of each matter in order to be able to remember them for any length of time.

Q. Do you perhaps know whether you discussed this matter with Himmler and then waited for his orders?

A. I cannot say that. I assume that I put the teletype message among his mail and then received his instructions along with all the rest of his orders.

Q. Now, I want to discuss NO-402, Prosecution Exhibit 66. This is a letter to the German Research Institute for Aviation. This letter accompanies a long report, the subject of which is rescuing pilots from high altitudes. Do you have that report now in front of you?

A. Yes.

Q. Did you work on this report or at least give a cursory glance at it?

A. I certainly did not work on it, and I did not even give it a cursory glance, first of all because it is a medical report, and secondly, because it is much too long.

EXTRACTS FROM THE TESTIMONY OF DEFENDANT ROMBERG^[27]

DIRECT EXAMINATION

Dr. Vorwerk: Now, we’ll go back to the point of Rascher’s position in the experiment.

Defendant Romberg: I said that without Rascher there would never have been any intention of carrying out the experiments and it would never have been possible. This can be seen from Himmler’s original assignment. Practical proof of this is the fact that the experiments were stopped immediately when there were difficulties with Rascher’s assignment. This is proved by the letter from Frau Rascher to the Reich Leader SS, dated 24 February 1942. (NO-263, Pros. Ex. 47.) In this letter Frau Rascher writes that there were difficulties of command and that the experiments were stopped; that Rascher had gone back to Schongau. That was the time when I went back to Berlin. Later on when the experiments were actually carried out, Rascher had expressly forbidden me to perform experiments in Dachau without his permission or his presence, so that I never did perform any experiments without Rascher. I always waited until he was there. On the days when he was in Schongau no experiments were performed. Generally, I did not even go to the experimental station. Sometimes I went to write—but certainly never to carry out experiments. This rule, although, of course, it often delayed the work, seemed justified to me because Rascher had permission from Himmler to perform these experiments and was responsible to him for the experimental subjects. Also, I myself was under the authority of the camp at Dachau which seriously restricted my independence, for example, my freedom of movement or talking to prisoners and similar things. Rascher himself, on the other hand, had a very free position on the basis of the powers which he had received from Himmler and because of a special pass. The Dachau camp was under Himmler’s authority. This is shown by the letter from Himmler to Milch of November 1942. (1617-PS, Pros. Ex. 77 (Pros. Ex. 111, Milch Case).) In this letter Himmler spoke of Holzloehner’s conduct and adds that the Dachau camp was under his orders, and Holzloehner would have to submit. It was under these conditions that Rascher took the low-pressure chamber from the SS in Munich and set it up there.

Q. Who took care of the maintenance work on the chamber during the experiments?

A. There was not a great deal of maintenance work necessary; loading the batteries or supplying the oxygen for the experiments was taken care of by Rascher and was probably paid for by the camp.

Q. Was Rascher responsible to you for that?

A. No, Rascher was not responsible to me at all. He was responsible to the Medical Inspectorate because the chamber belonged to them.

Q. Did you have ah opportunity to give Rascher any orders or instructions, or to prohibit anything?

A. No, that can no doubt be seen from what I have already said. I could not give him any orders. I certainly could not forbid him to do anything. Concerning the conduct of these experiments on rescue from high altitudes, I merely had a certain advisory right as is customary for two scientists who are working together on the same task when one of the two has greater knowledge pertinent to the specific task.

Q. You said the experiments began on 22 or 23 February; was that when you saw the experimental subjects for the first time?

A. Yes. On that day I went out to Dachau with Rascher for the first time and met the experimental subjects for the first time.

Q. About how many were there?

A. There were 10 or 12.

Q. Could it have been 5?

A. Five? No, there were certainly more than that.

Q. Could it have been 15?

A. Yes, that is possible.

Q. Did you talk to the experimental subjects on that day before the experiments began?

A. I believe on that day we mostly talked. Whether any proper experiments were done at all on that first day, I don’t remember. At any rate I talked to the experimental subjects and got to know them a little on the first day.

Q. What did you talk about with the experimental subjects?

A. They were quite new surroundings for me, of course. They were all professional criminals who were in custody.

Q. How do you know that?

A. They told me that gradually in the course of conversation. They didn’t, of course, have complete confidence on the first day and did not tell me all about their previous convictions. But after careful inquiries one discovered that they had been condemned for certain crimes, repeatedly convicted, and finally had been condemned to protective custody.

Q. Why did you talk to the experimental subjects on this day?

A. It is quite natural when one begins to work with such a group that a certain personal contact is necessary. We had to get to know each other. I talked to them about their profession, if I may call it that, and of course I told them something about the experiments, what the whole thing was all about, what they themselves had to do to cooperate in the same way as my usual experimental subjects.

Q. Was the reason for this investigation to prepare the subjects for their activity or to check whether these people were actually volunteers?

A. No. It was more to get to know the subjects personally. The situation was this: in the discussion with the camp commandant on the basis of the agreement with Rascher and his authorization from Himmler, a very definite agreement had been reached to the effect that these people were to be selected from the volunteers. Therefore, a clear agreement had been reached on the conditions, about which there could be no doubts basically. When I met the subjects for the first time personally and talked to them about the principle of the experiments and their duties, and so forth, of course I also inquired why they had volunteered—not because of any distrust of the camp commandant, but just for that reason.

Q. You thought, accordingly, that they were volunteers?

A. I didn’t only think they were. They told me so themselves.

Q. How do you know that so definitely for each case?

A. In the course of time—not on the first day but in the course of time—I talked to all of them frequently in some detail, and gradually they told me about their previous convictions and what other prisons and penitentiaries they had been in before they came to the camp, and they also told me the reasons why they had volunteered.

Q. Do you mean to say that all the experimental subjects used for the high-altitude experiments were volunteers?

A. Yes.

Q. Now before these subjects entered the chamber did you prepare them for what they had to do and tell them the significance of the whole thing?

A. Yes, of course. First I explained the whole question to them in broad outline, so that they would know what it was about and what the purpose of the experiment was. In detail I told them specifically what they had to do in the experiments. There was the writing test during which they had to write numbers from 1,000 backwards; then the cardinal point was that after the altitude sickness during the experiments, as soon as they came to, they had to pull the rip cord. We had a handle in the chamber connected to a bell. This was to represent pulling the rip cord of the parachute. This had to be explained to them carefully, otherwise they wouldn’t have understood it and wouldn’t have reacted correctly.

Q. Now, before the experiments began, did you have an electrocardiogram of each separate subject?

A. Yes and again later on.

Q. Please explain that.

A. Rascher had first examined the people to see if they were suitable for the experiments, so there would be no heart defects or anything like that. Then in order to get an exact control, before the beginning of the experiments we took an electrocardiogram of all the subjects. In almost all the experiments the electrocardiograms were registered and at the end, when the experiments were finished, we took another electrocardiogram of all the subjects in order to have material because perhaps even if there was no visible injury, there might still be some effects which could only be determined by such tests.

Q. Now, how long did these experiments on rescue from high altitude last, approximately?

A. Well, they really began on about 10 or 11 March and they lasted until 19 or 20 May.

Q. Following that, you prepared the report which has been submitted by the prosecution?

A. Yes.

Q. In this report you have a sentence saying that during the experiments on rescue from high altitudes there were no deaths and there had been no injury to health; is that correct?

A. Yes, it is correct that that sentence is in the report, and it is also true that there were no deaths or other injuries.

Q. But here in the testimony of the witness Neff you heard that there were deaths?

A. Yes.

Q. What do you have to say about that?

A. In addition to our joint experiments on rescue from high altitudes, Rascher conducted experiments of his own. He did not tell me the exact problem; he merely said that he was performing these experiments for Himmler and that they had to do with explosive decompression sickness and electrocardiograms. He had apparently carried out secret experiments for some time on this problem, but then in my presence he continued them with special subjects. In the course of these experiments the first death occurred at the end of April in my presence. He told me in the course of our conversations that he wanted to qualify as a lecturer on the basis of these experiments which were ordered by Himmler. He wanted to get Dr. Fahrenkamp into it but this cooperation never came about because the experiments were broken off.

Before this death I had no reason to object to the experiments in any way since Rascher was using other subjects and had a separate assignment from Himmler for them. My assignment was to perform the experiments on rescue from high altitudes and I carried it out together with Rascher.

Q. How many deaths took place in your presence?

A. Three.

Q. But Neff spoke of five deaths at which you were present.

A. There could only have been three.

Q. Why could there only have been three?

A. Because I remember. After all they were deaths and they made a definite impression on me; I know it.

Q. Why did death in the low-pressure chamber make such an impression on you?

A. In the innumerable low-pressure-chamber experiments not only performed by us, but everywhere in Germany in other institutes, we never had any deaths at all, and the opinion at that time was that any necessary problem of aviation medicine could be solved without deaths.

Q. Now, how did it happen that you were present at these deaths, since you say these experiments did not belong to your series of experiments?

A. At the beginning of April or in the middle of April, Rascher told me for the first time that he was performing experiments with slow ascension and that he had attempted to work with Fahrenkamp but the work had been interrupted when the latter was sent away. I said that had nothing to do with our experiments and was quite unimportant and uninteresting from our point of view. He admitted that, but said it was a specific question which especially interested him personally and which he had to work on. I did not see these experiments, which according to records here lasted 8 to 10 hours. He probably always performed them on the days I was absent because these 8 to 10 hours would have interfered considerably with our experiments. He expanded these experiments and performed time-reserve experiments at certain altitudes to test the adaptation which he had been testing before in the slow-ascension experiments. This was an experiment in which the subject remains at the same altitude, in contrast to the falling or sinking experiments where the pressure is constantly increased, that is, when the altitude is decreased. As his interim reports show, he extended these experiments to high altitudes and the time reserve was studied either with or without oxygen. The suggestion for this in part came obviously from other work, such as that of Dr. Kliches.

I sometimes observed these experiments. He performed them correctly; he watched the subjects so that there was, in itself, no objection to these experiments. The only thing was that they interfered with our experiments from the point of view of time, and Rascher’s lack of punctuality was a much greater annoyance in this respect. According to the documents, as well as the witness Neff, Rascher apparently had deaths in these experiments. The first deaths were evidently unexpected. In these unexpected deaths the electrocardiogram and the autopsy findings, together with his reports, apparently gave Himmler the idea that these experiments should be carried on further, and in addition that Fahrenkamp should be called in to extend them as far as possible scientifically. The fact that Himmler was covering them apparently induced him in my presence to perform experiments which were dangerous, and in which deaths occurred. The fact that I had been present several times at previous experiments brought about my presence at that fatal experiment, too.

Q. Did you not think it unusual that during an experimental series which you and Rascher were to carry out together, Himmler suddenly gave Rascher orders for special experiments?

A. Yes. I did not have any specific experience in this direction, but on principle it is nothing unusual if when two people are working together on a certain job, one of them receives an additional assignment from his chief to carry out other work on his own. In addition, Rascher was also working in Schongau at the same time on behalf of Luftgau VII. I, myself, had work of my own in the DVL, which my associates were carrying on and which I inquired about when I happened to be in Berlin. No one could dispute the fact that Himmler, as Reich Leader SS and Chief of the German Police and as Rascher’s boss insofar as he was an SS member, had the right to give assignments to his subordinates and to order them to carry out experiments on experimental subjects in a concentration camp.

Q. Now, in your opinion, what is the distinction between your presence at the experiments on rescue from high altitudes and your occasional presence during Rascher’s experiments?

A. In the experiments on rescue from high altitudes I was not merely present. I performed the experiments myself. That is, I called the experimental subjects myself, or sometimes Rascher called them. Of course, then I explained to the people what they had to do, what they had to write, what they had to pay special attention to, and that when they registered the electrocardiogram, in order not to interfere with it, they had to keep still; and then when the experiment had started I directed the experiment myself. I watched the altitude of the mercury indicator, and the calculated speed of ascension and descension, which I checked with the stop watch. Of course, at the same time I observed the subject, in other words, the persons in the experiments. In Rascher’s experiments which were at a certain altitude—that is, the subjects were ascended to a certain altitude and then remained at that altitude—I sometimes watched if I happened to be in the low-pressure chamber, but otherwise he performed these experiments alone just as he did when I was not present. He even laid great stress on performing them alone. It is clear to me now that he did not want me to observe any special results; that is apparently why he performed the other experiments in the evening or when I was away.

Q. After the first death was there an autopsy?

A. Yes, there was an autopsy.

Q. Did you participate in it?

A. No, I did not participate. I was present and I watched the autopsy.

Q. Why did you watch the autopsy if it was not your experiment?

A. Today, of course, it looks different than it did at the time. It was a matter of course for me then. Rascher was a colleague of mine. He had had a fatal accident in his experiments. He asked me to watch the autopsy, and, of course, I went. I also had a quite natural scientific interest in the cause of death, and in the findings, and I admit it frankly, although I am aware of the danger that someone may say I was interested in the death of the person too, but it happens in every hospital; all doctors watch the autopsies. If, for example, in the surgical ward, a patient died after an operation, then the chief physician, or if he had no time, the senior physician, and the other doctors who had nothing specifically to do with the patient, watched the autopsy, and generally even X-ray doctors came over who didn’t know the patient at all. Besides if I had not been present, that would today be considered as an incomprehensible lack of interest in the death—if I had not accepted Rascher’s invitation. If such a death happened during a centrifugal experiment in our institute, if such an accident had happened which was not in my field of work, I certainly would have gone to watch the autopsy. One must learn from the findings; that is one’s duty as a doctor. One has to look at such things so that one can draw one’s own conclusions and be able to avoid subsequent accidents.

Q. Did you see any further autopsies of Rascher?

A. No.

Q. Why not?

A. After this death there was a basic change in my attitude toward Rascher and the plan to break off the experiments, so that in the case of later deaths I was not present because of this attitude. I do not believe he invited me to the autopsies either, and under the conditions in Dachau I could not go there on my own initiative.

Q. Did you ask Rascher how this death came about, or did you warn him before the death?

A. Yes, I have already said I was present at the experiments just as I had sometimes been present at the other series of his experiments, purely out of curiosity, just as in our institute if centrifugal experiments were performed, I sometimes watched them, too. There was no reason for distrust but at that time I just watched the experiments out of curiosity. That was how it happened that I was present by accident at the experiment and looked at the electrocardiogram of this subject. On the screen of the electrocardiograph one can see a little point of light which moves, and that is determined by the heart action. When it seemed to me that it was getting dangerous, that the heart action was lessening, I said to Rascher: “You had better stop now.”

Q. And what did Rascher do?

A. Nothing. He kept that altitude and later death suddenly occurred.

Q. When you observed the electrocardiogram was it quite clear to you that the person would die in the next second?

A. No, of course not. First of all I had never seen a death from high altitude. That was the first one I ever saw. I couldn’t know that, and, in the second place, this death certainly resulted from aero-embolism and, therefore, suddenly. In the third place, the electrocardiogram change was, shall we say, doubtful. I myself would have stopped the experiment at this stage but he didn’t. I only spoke up because I would have stopped the experiment at that moment.

Q. Did you speak to Rascher about this after the experiment?

A. It was not possible for me to object in view of Rascher’s position, but I told him that such things should not happen.

Q. And what else did you do?

A. After this death I went to Berlin and told Ruff about it. Ruff agreed with me that death should not be allowed to occur in high-altitude experiments and it had never occurred before. Since Rascher, however, performed these experiments for Himmler on men who were condemned to death, we saw no way of preventing Rascher after we had made an official report. In general when objections were made Rascher simply referred to the orders from Himmler and to the fact that he was covered by them. It was quite impossible to remove the chamber from Dachau against Himmler’s and Rascher’s will. And to give this death as a reason for removing the chamber was even more impossible. In the first place, Himmler would not have reacted. He would certainly not have given up the chamber. He might have started proceedings for treason or for sabotage of an essential war experiment. In fact, I had reported this to Ruff against my signature to the contrary in a concentration camp. Like every other visitor to a concentration camp I had to sign a statement to the effect that everything I saw and so forth in the camp would be secret. Besides, at the beginning of the experiments Rascher had received a special telegram from Himmler ordering silence about these experiments. A specific obligation to secrecy was strengthened by this order from Himmler. Since I had reported the matter to Ruff against the secrecy obligation, I also had to be covered in this respect, and for this reason again we could not give the death as the reason for removing the chamber from Dachau, aside from the fact it would not have met with success.

Therefore, after some consideration we decided that the only possibility was for Ruff to go to Milch or Hippke and ask to have the chamber removed, giving the excuse that it was needed at the front. On the other hand, I was to conclude our experiments quickly so that Himmler could be told that the experiments were finished and that we could prove this so that we could claim the right to remove the chamber from Dachau. Otherwise Himmler would doubtless have ordered the experiments to be continued until the original goal had been reached, that is, the clarification of the question of rescue from high altitudes, and he would doubtless have gone to Goering or even Hitler and arranged to keep the chamber longer. He would have said that the use of this chamber at the front was unimportant compared to its use at Dachau in the experiments, and he would not have released the chamber.

If I myself had not gone back to Dachau, then Rascher would have carried out the experiments on rescue from high altitudes alone; and he would doubtless also have continued his own experiments. That was the reason why I reluctantly went back to Dachau.

Q. Now, what was the purpose of your trip to Berlin?

A. The purpose was this report to Ruff.

Q. Was that the only purpose?

A. Yes.

Q. How did you explain this trip to Rascher?

A. I told Rascher that I was going because of my wife’s condition. My wife had had a child in March, and that was a good reason for my going to Berlin.

Q. How long were you in Berlin?

A. Only 1 or 2 days; then I went back to Dachau.

Q. Now, before you left did you make sure whether Ruff had done anything in response to your report, whether he had done anything to get the chamber out of Dachau?

A. Yes. Ruff tried to get Hippke but was not able to at that time, so that I really did not know what was going on and what would be accomplished.

Q. Did you notice anything special about the chamber when you came back to Dachau?

A. Yes. When I came back, the barometer was broken, as Neff has already said; and I had to go right back to Berlin to have the barometer repaired.

Q. How long did you stay in Berlin this time?

A. As long as the repair required; about 2 weeks.

Q. Then during this time there were no experiments?

A. No.

Q. When did the experiments begin again?

A. The beginning of May or the middle of May I went back with the repaired apparatus; then we concluded the experiments as quickly as possible.

Q. Did you abbreviate the program which you had planned, or did you change it in any way, or did you keep it the way it was?

A. No. We shortened it. We had fewer experiments at the various altitudes in order to conclude the whole thing as quickly as possible but in such a way that it was actually completed with adequate results.

Q. When was the second death at which you were present?

A. That was a few days after my return to Dachau.

Q. Did the death of the experimental subject occur in a manner similar to the first case?

A. In general, yes. I don’t know exactly what happened. As far as I recall, it was an experiment at a rather high altitude, and death occurred quicker, more suddenly.

Q. And when was the third death at which you were present?

A. That was right after that, on the next day, or the second day.

Q. After these deaths, did you ever have any arguments with Rascher about his experiments and the way in which he performed them?

A. Yes, we had some minor arguments resulting from my objections, which he always refused to accept; but after the third death when I started to object again, he said first that Himmler had ordered it and I wasn’t to interfere. When I later brought the subject up once more, he lost his patience, and we got rather excited. I asked him why he was carrying out these experiments; what he wanted to achieve. He said he wanted to clarify the problem of caisson diseases, that is bends or aero-embolism, because Himmler had ordered it. He was the first man to prove these air bubbles in the blood during an autopsy under water. Also the question of the electrocardiogram in bends and altitude sickness had to be clarified as Himmler had given him a special assignment for it, and Fahrenkamp was to do this work together with him. In addition he wanted to qualify as a professor with Schittenhelm through this work.

Then he brought out a letter and read to me that the experiments were to be continued; that Professor Fahrenkamp was to be called in; and that people condemned to death who survived the experiments would, of course, be pardoned. Then he held the letter out to me and asked me whether I could read Himmler’s signature and whether I wasn’t satisfied with that.

Q. Was this the letter 1971-B-PS, Prosecution Exhibit 51?

A. Yes, 1971-B-PS, as Prosecution Exhibit 51.

Q. And what does this letter indicate?

A. Well, it showed that Himmler had actually ordered these experiments and that he, therefore, had complete official coverage, that the subjects were to be pardoned. It says in the letter: “Of course the person condemned to death shall be pardoned to concentration camp for life.” Then it says that Fahrenkamp is to be consulted. On the next page it says that this order from Himmler goes to the Chief of the Security Police and the SD and to SS Brigadefuehrer Gluecks, with a copy for their information.

Q. Did Rascher give you any further explanation of this letter?

A. Since this letter prevented me from doing anything, I calmly asked him what idea he had of these experiments, what he wanted to do, what he wanted to achieve. He said that Dr. Fahrenkamp would help him and that he would have electrocardiograms for heart failure from the most various reasons and would compare them with electrocardiograms in the case of death at high altitudes with the change in severe altitude sickness and with later recovery. In addition, in the hospital in Munich he had taken electrocardiograms in cases of heart failure. In Dachau, he said, he had also registered electrocardiograms when there were executions by shooting. If he really had evaluated all this material together with a heart specialist, then it would, of course, have been quite valuable.

Q. Now, did you do anything, and what did you do in order to stop Rascher’s experiments and did you incur any danger and, if so, what?

A. What I did against Himmler’s orders and against my signed promise to keep secrecy, the fact that I reported the incidents to my boss who passed the information on—all this was dangerous. One probably understands enough about conditions under Himmler to realize that. The witness Neff has described my attitude to Rascher’s experiments. He confirmed that I intervened in one case when he was present. Perhaps he knows nothing about my other objections. In general, the discussions between Rascher and myself did not take place in the presence of the prisoners. The low-pressure chamber was removed from Dachau earlier than intended at our instigation. Against Rascher’s and Himmler’s wishes, it was never returned to Dachau. The extent of the accusations made by the SS in this direction is shown by the document. These efforts begin with Wolff’s telegram to Milch on 12 May, which is answered in the negative in Milch’s letter of 20 May. (343-A-PS, Pros. Ex. 62.) In answer to further efforts from Himmler, Milch ordered that the chamber was to remain 2 months longer in Dachau. (NO-261, Pros. Ex. 63.) At this time, we had already removed the chamber. On 5 June, Rascher again writes to Himmler about the low-pressure chamber. Document NO-284, Prosecution Exhibit 64, is the answer to this letter of 5 June. The letter itself is, unfortunately, not available. This letter, no doubt, says that the chamber was removed from Dachau in May, while the prosecution alleges that the experiments continued until August. Then there is a certain pause in Rascher’s and Himmler’s efforts, because Rascher is busy with the cold experiments. When the film is shown in Berlin in the Air Ministry, Rascher does not forget to tell Milch again of his wishes in regard to the low-pressure chamber. But hardly has the first phase of the cold experiments—the series with Holzloehner—been finished, when he writes to Himmler again on 9 October. (1610-PS, Pros. Ex. 73.) He asks Himmler to get him the low-pressure chamber so that he can continue his experiments and qualify as a professor. In the letter of 21 October 1942 (NO-226, Pros. Ex. 75), Sievers writes to Brandt about the continuation of the high-altitude experiments which Himmler wants, but knowing of the existing difficulties, or for other reasons, he adds that Himmler will no doubt have to write to Milch personally in order actually to get the chamber. This happens on 27 November 1942 (NO-269, Pros. Ex. 78)—a letter from Wolff to Milch, on behalf of Himmler. The definite request for the low-pressure chamber, which is expressed in this letter, is given definite emphasis by mention of the opposition of the Luftwaffe doctors. I learned from a telephone call from Sievers, which he mentioned in his testimony, that he was to buy a low-pressure chamber for Rascher on behalf of Himmler. I was greatly astonished at this telephone call at the time, because I knew very well that Rascher certainly didn’t want to have this made public in any way. Now, this telephone call has been cleared up. Then I informed Ruff of this call and he had Becker-Freyseng take further steps, as he said here yesterday. In an official letter to various SS agencies, dated 13 December 1942 (1612-PS, Pros. Ex. 79), Rascher is given the assignment by Himmler personally to carry out high-altitude experiments. On 14 March 1943 (NO-270, Pros. Ex. 110), Rascher tells of his discussions with Hippke and again says that he wants to carry out low-pressure chamber experiments, together with me; and finally, on 18 November 1943 (NO-1057, Pros. Ex. 463), he tries again, through the Reich Research Council in agreement with Himmler, to get a mobile low-pressure chamber in order to carry out experiments. Those are Rascher’s and Himmler’s efforts but, nevertheless, Rascher never again had a low-pressure chamber at his disposal for experiments.

Q. Well, what do you want to prove by these statements?

A. This no doubt proves clearly how great Rascher’s and Himmler’s efforts were and that my conduct under these circumstances was not only not cowardly, but that it was much more clever and much more successful. Even if I had had any legal obligations to prevent him by force, if I had had any obligations to attack Rascher and if I had tried and been unsuccessful, then I would have been locked up or killed and Rascher would have been able to continue his experiments for a long time without any restriction.

Q. At that time, was there any possibility in Germany to resist, and in what did you see such possibility?

A. There were only three types of resistance possible. First of all, emigration for a person who was able; second, open resistance which meant a concentration camp or the death penalty, and to my knowledge, never met with any success; third, passive resistance by apparent yielding, misplacing and delaying orders, criticism among one’s friends, in short, what writers today call “internal emigration.” But that really doesn’t have much to do with the question. As far as the direct question of prevention is concerned, I would like to say something more. To take a comparison from the medical field, it is unknown to me and I cannot imagine, for example, that an assistant of a scientific research worker who is performing infections with a fatal disease, for example, leprosy, on a prisoner, that this assistant should prevent the scientist from carrying out this infection by force—perhaps by knocking the hypodermic syringe out of his hand and crying “You mustn’t do that, the man might die!” I could imagine that some assistant might, for personal reasons, refuse to participate in such experiments, but I cannot imagine that if there were a trial against this doctor the prosecution would demand that the assistant should have prevented the scientist in this manner.

Q. Then, you are convinced that prevention by force was impossible?

A. Yes.

Q. But could you not have filed charges, for example, with the police or with the public prosecutor, against Rascher?

A. Yes, of course, I could have, but if I had gone there and said, “Rascher has performed experiments ordered by Himmler—by the Chief of the German Police and whatever else he was—the Reich Leader SS, the State Secretary in the Ministry of the Interior,” they would probably have said: “Well, we can’t do anything about it. If he has orders, then we can’t do anything about it.”

2. FREEZING EXPERIMENTS

a. Introduction

The defendants Karl Brandt, Handloser, Schroeder, Gebhardt, Rudolf Brandt, Mrugowsky, Poppendick, Sievers, Becker-Freyseng, and Weltz were charged with special responsibility for and participation in criminal conduct involving freezing experiments (par. 6 (B) of the indictment). On this charge the defendants Handloser, Schroeder, Rudolf Brandt, and Sievers were convicted. The defendants Karl Brandt, Gebhardt, Mrugowsky, Poppendick, Becker-Freyseng, and Weltz were acquitted.

The prosecution’s summation of the evidence on the freezing experiments is contained in its final brief against the defendant Sievers. An extract from this brief is set forth below on pages 199 to 206. A corresponding summation of the evidence by the defense on these experiments has been selected from the closing briefs for the defendants Sievers and Weltz. It appears below on pages 207 to 217. This argumentation is followed by selections from the evidence on pages 219 to 278.

b. Selection from the Argumentation of the Prosecution

EXTRACT FROM THE CLOSING BRIEF AGAINST DEFENDANT SIEVERS

Freezing Experiments

Before the high-altitude experiments had actually been completed, the freezing experiments were ordered to be performed by the defendant Weltz and his subordinate Rascher. This can be seen from a letter of 20 May 1942 from Milch to Karl Wolff. (343-A-PS, Pros. Ex. 62.) A short time later, Rascher had a conference with Hippke and the experimental team was changed to include Jarisch, Holzloehner, and Singer. Rascher reported these orders to Himmler on 15 June 1942, and passed on Hippke’s request to have the experiments conducted in Dachau. He stated: “It was also decided that the inspector [Hippke] would issue orders to me at all times during the experiments.” (NO-283, Pros. Ex. 82.) The research assignment was issued by the Department for Aviation Medicine (2 II B) under Anthony, with the defendant Becker-Freyseng as his deputy. (NO-286, Pros. Ex. 88.)

The cold-water freezing experiments began on 15 August 1942 and continued until the early part of 1943. They were performed by Holzloehner, Finke, and Rascher, all of whom were officers in the Medical Service of the Luftwaffe. Holzloehner and Finke collaborated with Rascher until December 1942. As Rascher said in a paper on his medical training: “By order of the Reich Leader SS and Generaloberstabsarzt Professor Dr. Hippke, I conducted ‘Experiments for the Rescue of Frozen Persons’ (started on 15 August 1942), in cooperation—for 4 months—with the Professor Dr. Holzloehner and Dr. Finke both of Kiel University.” (NO-230, Pros. Ex. 115.) Rascher also said that: “Since May 1939 till today I have been in military service with the Air Force.” The memorandum was dated 17 May 1943. It should therefore be borne in mind that during all of the high-altitude and substantially all of the freezing experiments, Rascher was on active duty with the Luftwaffe, not the SS. It was not until after May 1943 that he went on active duty with the Waffen SS. He was of course supported by both the Luftwaffe and the SS in these experiments.

The witness Neff, who was an inmate assistant in the experiments, testified that freezing experiments in the concentration camp Dachau started at the end of July or in August 1942. They were conducted by Rascher, Holzloehner, and Finke. In October, Holzloehner and Finke left and Rascher proceeded alone to conduct freezing experiments until May 1943. Rascher, Holzloehner, and Finke used ice-cold water for their freezing experiments. The experimental basin had been built 2 meters long and 2 meters high in Rascher’s experimental station, Block 5. (Tr. pp. 626-8.) The experiments were carried out in the following manner: The basin was filled with water and ice was added until the water measured 3° C. The experimental subjects, either dressed in a flying suit or naked, were placed into the ice water. Narcotics were frequently not used. It always took a certain time until so-called “freezing narcosis” made the experimental subjects unconscious, and the subjects suffered terribly. The temperature of the victims was measured rectally and through the stomach by galvanometer. They lost consciousness at a body temperature of approximately 33° C. The experiments actually progressed until the experimental persons were chilled down to 25° C. body temperature. An experiment on two Russian officers who were exposed naked to the ice-cold water in the basin was particularly brutal. These two Russians were still conscious after 2 hours. Rascher refused to administer an injection. When one of the inmates who attended the experiment tried to administer an anaesthetic to these two victims, Rascher threatened him with a pistol. Both experimental subjects died after having been exposed at least 5 hours to the terrible cold. (Tr. pp. 629-631.) Approximately 280 to 300 experimental subjects were used for this type of freezing experiment, but in reality, 360 to 400 experiments were conducted since many experimental subjects were used two or three times for experiments. Approximately 80 to 90 experimental subjects died. About 50 to 60 inmates were used in the Holzloehner-Finke-Rascher experiments and approximately 15 to 18 of them died. Political prisoners, non-German nationals, and prisoners of war were used for these experiments. Many of the inmates used had not been “condemned to death.” The subjects did not volunteer for the experiments. (Tr. pp. 627-8.)

Even though one assumes that prisoners condemned to death were used in all of the experiments, which is not true, the “defense” that they volunteered on the agreement that their sentences would be commuted to life imprisonment is invalid. During the high-altitude experiments, Himmler had directed that in further experiments where the long continued heart activity of subjects who were killed was observed, criminals condemned to death should be used and, if they were revived, they should be “pardoned” to concentration camp for life. (1971-B-PS, Pros. Ex. 51.) Rascher apparently construed this order to apply to the freezing experiments also. On 20 October 1942, Rascher advised Rudolf Brandt that until then only Poles and Russians had been used for such experiments and that only some of these persons had been condemned to death. He inquired whether Himmler’s “amnesty” applied to Russians and Poles. (1971-D-PS, Pros. Ex. 52.) Brandt told him that it did not apply. (1971-E-PS, Pros. Ex. 53.)

Dry-freezing experiments were carried out by Rascher in January, February, and March 1943. One experimental subject was placed on a stretcher at night and exposed to the cold outdoors. He was covered with a linen sheet, but a bucket of cold water was poured over him every hour. He remained outdoors until the morning and then his temperature was taken with a thermometer. In the next series the experimental plan was changed, and experimental persons had to remain naked outdoors for long hours without being covered up at all. One series was carried out on 10 prisoners who had to remain outdoors overnight. Rascher himself was present during approximately 18 to 20 experiments of that type. Approximately three experimental subjects died as a result of the dry-freezing experiments. (Tr. pp. 636-7.)

On the order of Grawitz and Rascher, a mass experiment on 100 experimental subjects was to be carried out. As Rascher was not present, Neff was in the position to frustrate the experiment by taking the experimental subjects indoors, and therefore no deaths occurred during this experimental series. The longest period that experimental subjects were kept outdoors in the cold was from 6 p. m. of one day to 9 a. m. of the following morning. The lowest temperature Neff can recollect during the dry-freezing experiments was 25° body temperature. As Rascher had prohibited that experiments were to be carried out under anaesthetics, the experimental subjects suffered great pain and screamed to such an extent that it was impossible to carry out further experiments. Rascher therefore requested Himmler’s permission to carry out such experiments in the future in the Auschwitz concentration camp. Non-German nationals and political prisoners were among the experimental subjects. None of them was sentenced to death. They had not volunteered for the experiments. (Tr. pp. 637-9.)

In connection with the freezing experiments, Neff further testified that in September 1942 he received orders from Sievers to take the hearts and lungs of five experimental subjects who had been killed in the experiments to Professor Hirt in Strasbourg for further scientific study. The travel warrant for Neff had been made out by Sievers, and the Ahnenerbe Society paid the expenses for the transfer of the bodies. One of the five experimental subjects killed had been a Dutch citizen. (Tr. p. 633.) Sievers visited the experimental station quite frequently during the freezing experiments. (Tr. p. 635.)

Neff’s testimony is corroborated by the affidavits of the defendants Rudolf Brandt and Becker-Freyseng (NO-242, Pros. Ex. 80; NO-448, Pros. Ex. 81) and the testimony of the witness Lutz (Tr. pp. 266-76), Vieweg (Tr. p. 431), and Michalowsky (Tr. pp. 878-83), and by the documentary evidence in the record.

On 15 June 1942, Rascher informed Himmler that the Inspector of the Medical Service of the Luftwaffe, Hippke, sought permission for cold experiments to be conducted by Rascher and Holzloehner in the Dachau concentration camp. (NO-283, Pros. Ex. 82.) On 10 September 1942, Rascher submitted his first intermediary report on the freezing experiments to Himmler. In the covering letter Rascher stated that Holzloehner, who participated in the execution of the experiments on behalf of the Luftwaffe, intended to lecture on the subject of freezing in the “cold conference” of the Luftwaffe on 26-27 October in Nuernberg. Rascher informed Himmler that “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.” (NO-234, Pros. Ex. 83.) The intermediary report itself shows on its face that fatalities occurred as a result of the Rascher-Holzloehner-Finke experiments and advocated rapid rewarming of severely chilled persons. Rascher considered that rewarming with animal heat would be too slow, and that experiments in this respect would be unnecessary. He voiced a similar opinion as to the use of drugs for the purpose of rewarming. (1618-PS, Pros. Ex. 34.) Himmler, when acknowledging the receipt of Rascher’s report on 22 September, directed nevertheless that the experiment with rewarming by means of drugs and body heat should be made. A copy of this order of Himmler’s was forwarded to Sievers on 25 September. (1611-PS, Pros. Ex. 85.)

On the basis of this order Rascher approached Sievers to make arrangements for four female gypsies to be procured at once for the purpose of rewarming experimental subjects. (NO-285, Pros. Ex. 86.) It was apparently Sievers’ effort in this regard which resulted in a series of telegrams to transfer these women from the Ravensbrueck concentration camp to Dachau. Rudolf Brandt actually directed the transfer. (1619-PS, Pros. Ex. 87.) The four women arrived in November 1942 in Dachau. Three of them were used for rewarming of frozen experimental subjects, one being excluded because she was a “Nordic” type. That the experimental subjects were not volunteers is plain from a remark of one of these women. “Rather half a year in the brothel than half a year in the concentration camp.” (NO-323, Pros. Ex. 94.) This series of experiments, which was not only murderous but obscene, was carried out by Rascher between November 1942 and February 1943. His report to Himmler reveals that one of the experimental subjects died as a result of this series of experiments. (1616-PS, Pros. Ex. 105.)

On 8 October 1942, Stabsarzt Professor Anthony of the Medical Inspectorate of the Luftwaffe approached Himmler with the information that the results of the wet-freezing experiments carried out by Rascher in cooperation with Holzloehner and Finke were to be lectured upon by Holzloehner during the “cold conference” on 26-27 October in Nuernberg. (NO-286, Pros. Ex. 88, compare NO-234, Pros. Ex. 83.) On 16 October Rascher also asked Himmler’s permission to release the results of the freezing experiments during these “cold conferences.” (NO-225, Pros. Ex. 89.) On the same day Rascher submitted to Himmler his final report on the freezing experiments as far as they had been carried out in collaboration with Holzloehner and Finke. This report did not include experiments for rewarming by means of drugs and of animal body heat, which at that time were still in progress. (1613-PS, Pros. Ex. 90.)

This report on “Cooling Experiments on Human Beings” by Holzloehner, Rascher, and Finke, corroborates fully the testimony of Neff concerning this series of the wet-freezing experiments and proves that many fatalities occurred. It shows that some of the experimental subjects were exposed to this terrible type of experimentation without receiving anesthetics, which would have alleviated their pain considerably. The sufferings of the experimental subjects were vividly described. Foam appeared round the mouths of the experimental subjects, and breathing difficulties and lung oedema resulted. The cooling of the neck and back of the head of the experimental subjects caused especially painful sensations. Progressive rigor, which developed very strongly in the arm muscles, cyanosis, and total irregularity of the heart activity were the symptoms observed by the experimenters. Hot baths were advocated as the best treatment for severely chilled persons. Fatalities resulted from heart failure and brain oedema, and measures for protection against such results were discussed at great length. (NO-428, Pros. Ex. 91.)

Sievers denied that Rascher reported to him on the freezing experiments but admitted that he received occasionally Rascher’s reports from Himmler. (Tr. pp. 5684-5.) But by the testimony of the witness Neff it is not only proved that Rascher submitted to the Ahnenerbe monthly, quarterly, and semi-annual reports, describing in detail the nature and status of his experimental research (Tr. p. 635), but also that the final report of Rascher, Holzloehner, and Finke (NO-1428, Pros. Ex. 91) was forwarded to him. (Tr. p. 681.)

On 24 October Himmler acknowledged the receipt of this report which he had read “with great interest” and charged Sievers with arrangements for “the possibility of evaluation at institutes which are connected with us.” (1609-PS, Pros. Ex. 92.)

On 26 and 27 October 1942, the conference on “Medical Problems Arising from Distress at Sea and Winter Hardships,” sponsored by the Inspector of the Medical Service of the Luftwaffe, Hippke, under the chairmanship of Anthony and with the assistance of Becker-Freyseng, took place in Nuernberg. At this conference Holzloehner delivered his lecture on the freezing experiments under the title “Prophylaxis and Treatment of Freezing in Water.” The very detailed clinical observations described by him excluded the possibility that only observations on human beings who were rescued had been made, and made it clear that experiments on human beings had been conducted. (NO-401, Pros. Ex. 93.) Moreover, Rascher made a statement following Holzloehner’s lecture, which clearly revealed that the experiments had been carried out on concentration camp inmates. This report caused a sensation among the officials present at the lecture. It was made clear that deaths had occurred. (Tr. p. 272.) Sievers has denied having received a report on this conference (Tr. p. 5689), but the entry of 12 January in his diary for the year 1943 shows that he discussed with Rascher the “procurement of memoranda on the conference concerning the effects of cold in Nuernberg.” (NO-538, Pros. Ex. 122.)

On 6 November 1942, Rascher forwarded a memorandum to Himmler’s personal staff, the office of the defendant Rudolf Brandt, regarding cooperation with Dr. Craemer of the Medical Research Station for Mountain Medical Troops at St. Johann. This was a school subordinated to Handloser as Army Medical Inspector. In this memorandum Rascher advocated dry-freezing experiments on concentration camp inmates in the mountain region of Bayrischzell. The purpose was to investigate whether injuries of the extremities due to freezing would have a better prognosis on persons accustomed to cold than on persons unaccustomed to it. Rascher said that Craemer had heard the report in Nuernberg and was very enthusiastic about the experiments. He requested to see some in progress. (NO-319, Pros. Ex. 96; 1579-PS, Pros. Ex. 97.) Himmler gave his permission for this type of dry-freezing experiment in an order dated 13 December 1942, in which he lists Rascher’s assignment for the execution of high-altitude and three different types of freezing experiments. Copies of this order were submitted to various SS agencies and to the Ahnenerbe Society. (1612-PS, Pros. Ex. 79.) Himmler’s letter contained the following directive:

“5. The procurement of the apparatus needed for all the experiments should be discussed in detail with the offices of the Reichsarzt SS, of the Main Office for Economic Administration, and with the Ahnenerbe. * * *”

The evidence proves that prior to 21 October 1943, Rascher received an assignment from Blome of the Reich Research Council to conduct open-air freezing experiments. (NO-432, Pros. Ex. 119.) Sievers aided Rascher in the matter of obtaining the location and personnel for these experiments. (3546-PS, Pros. Ex. 123.)

On 13 January 1943, Rascher had a conference with Grawitz and the defendant Poppendick concerning the freezing experiments. In this conference Rascher’s freezing experiments were discussed in detail. He stressed the point that he was working with the Ahnenerbe and that he reported to the Ahnenerbe. The documentary note of Rascher’s on this conference shows on its face that wet-freezing experiments had been conducted by him and that Grawitz requested him to carry out further freezing experiments with dry cold until he would “have a few hundred cases.” This documentary note was forwarded by Sievers to the defendant Rudolf Brandt on 28 January. (NO-320, Pros. Ex. 103.) In his covering letter Sievers requested Brandt’s opinion as to what attitude he and Rascher were to take in respect of their position to Grawitz, with the implied request that Brandt should strengthen his position with Grawitz, who considered it “an unbearable situation to have a non-physician give information on medical matters.” What Sievers wanted to achieve was an intervention of Brandt with Himmler on his behalf and, therefore, he stressed his personal importance by saying:

“My duty merely consists in smoothing the way for the research men and seeing that the tasks ordered by the Reich Leader SS are carried out in the quickest possible way. On one thing I certainly can form an opinion—that is, on who is doing the quickest job.

“If things are to go on in the future as SS Gruppenfuehrer Grawitz desires, I am afraid that Dr. Rascher’s work will not continue to advance as fast and unhampered as hitherto.” (NO-320, Pros. Ex. 103.)

On 17 February, Rascher forwarded his report on the results of the experiment in which animal warmth was used for the rewarming of severely chilled persons. (1616-PS, Pros. Ex. 105.) In his accompanying letter to Himmler, he informed him that he was conducting dry-cold experiments in Dachau. Thirty experimental subjects had been experimented upon and had been exposed to cold out of doors from 9-14 hours, thereby reducing their body temperature to 27°-29° C. The extremities of the experimental subjects were frozen white. Rascher suggested a large series of experiments in the Auschwitz concentration camp. This place would be suitable for such experimentation because it was colder there, and the spacious open country within the camp “would make the experiments less conspicuous, as the experimental subjects yell when they freeze severely.” [Emphasis supplied.] (1616-PS, Pros. Ex. 105.) Himmler gave Rascher permission to carry out additional freezing experiments in the concentration camps Auschwitz and Lublin. (1615-PS, Pros. Ex. 109.)

Rascher’s letter to the defendant Rudolf Brandt, dated 4 April 1943, reveals that another series of dry-freezing experiments had been carried out on inmates of the Dachau concentration camp during a period of heavy frost weather. Some of the experimental subjects were exposed to cold of -6° C. in the open air for 14 hours and had reached an internal temperature of 25° C. (NO-292, Pros. Ex. 111.) The three fatalities which, according to Neff’s testimony, resulted from the dry-freezing experiments, apparently occurred during this series of experiments. (Tr. pp. 637-8.)

On 11 April 1943, Rascher submitted to Himmler a brief report concerning “freezing experiments on human beings exposed to the open air.” (NO-240, Pros. Ex. 112.) The report itself is not available, but the letter of the defendant Rudolf Brandt of 16 April to Rascher proves that the defendant Gebhardt received it from Himmler for study. (NO-241, Pros. Ex. 113.) A conference between Rascher and the defendant Gebhardt took place in Hohenlychen on 14 May in the presence of the defendant Fischer. Gebhardt discussed with Rascher the freezing experiments and other experimentation carried out in the Dachau concentration camp and invited Rascher to collaborate with him. Rascher feared to lose his independence and turned to Sievers to settle this affair in a tactful way as Gebhardt was a very close friend of Himmler, and Rascher, therefore, feared his eventual enmity. (NO-231, Pros. Ex. 116.) Sievers, in turn, approached Brandt in this matter on 22 May and requested information whether Himmler had given any definite directive to Gebhardt in regard to Rascher’s sphere of action and work. He further asked Brandt’s intervention on behalf of Rascher by saying:

“I entrust you with this affair and ask you particularly to use it only for your strict personal information so that Dr. Rascher does not encounter any difficulties with SS Gruppenfuehrer Professor Dr. Gebhardt.” (NO-267, Pros. Ex. 117.)

When Rascher visited Gebhardt in Hohenlychen, the latter encouraged him to embark upon a career of university lecturer. (NO-231, Pros. Ex. 116.) Rascher followed this suggestion and Sievers supported him wholeheartedly and collaborated with the defendants Brandt and Blome to have Rascher appointed university lecturer. (NO-229, Pros. Ex. 118; NO-290, Pros. Ex. 121.) That Rascher’s thesis for habilitation was based on the freezing and high-altitude experiments is proved by Rascher’s memorandum on his medical training which he wrote for the purpose of his habilitation (NO-230, Pros. Ex. 115) and other evidence in the record. (NO-240, Pros. Ex. 112.)

c. Selections from the Argumentation of the Defense

EXTRACTS FROM THE CLOSING BRIEF FOR DEFENDANT SIEVERS

The Freezing Experiments

Freezing experiments on human beings were carried out in Dachau concentration camp from the end of 1942 on.

It cannot be denied that a ruthless carrying-out of these experiments was liable to inflict torture and death upon the persons experimented on. Here, too, it seems necessary to distinguish between two groups of experiments. One group comprises the experiments carried out by Professor Holzloehner, Dr. Rascher, and Dr. Finke, and the other one, those carried out by Rascher alone. The first group of experiments easily permits the assumption that the possible effects of the experiments on the persons subjected to them were taken into consideration. After all that has become known about Rascher by now, the assumption is justified that, during the experiments carried out by Rascher alone, considerations of the effect on life and health of the persons used were not of primary importance. The only exceptions were probably the experiments Rascher carried out in the presence of third persons who were not involved.