1946-12-13, #2: Doctors' Trial (late morning)

The prosecution begins to present evidence regarding malaria experiments

THE PRESIDENT: The Tribunal is now in session.

MR. McHANEY: If the Tribunal please, we would now like to introduce Document 3546-PS as Prosecution's Exhibit 123. This is the Sievers Diary for 1944. The Document which went in as Prosecution's Exhibit 122 was the Sievers Diary for the first six months of 1943, and unfortunately we have not found the remaining part of the diary for the last six months of 1943, but we do have here the full diary for the year 1944 and that is Prosecution's Exhibit 123. I would like to read just a very few excerpts from this document since it is now covering the year 1944. Those do not have many references to freezing problems. The first excerpt is from an entry made on 6 January, item 2 (c) where is states:

Writing Reichsfuehrer-SS to SS Obergruppenfuehrer Pohl concerning support of scientific research work.

Item (d) is:

Space for execution of freezing experiments.

And then we skip to an entry made on 14 January where we see the entry RFR which is an abbreviation for the Reich Research Council. The German word for Reich Research Council is Reichsforschungsrat.

RFR, among others, Engineer Becker re securing of apparati for Bruecher and Dr. Rascher, SS Sturmbannfuehrer Lolling by telephone re malaria control, Auschwitz.

The next item is an entry made on 15 January. That again refers to the Reich Research Council, Dr. Graue.

(1) Securing of metals for Dr. Rascher's work.

(2) Authorization for building of experimentation plant by Borchers Brothers, A.G.

An entry on 21 January, item 8, reads:

SS Obersturmbannfuehrer Ministry Council, Dr. Brandt.

That is a reference to the Defendant Rudolf Brandt who was Minister of Interior under Heinrich Himmler. Item 8 reads:

Freezing experiments, Dr. Rascher, promises, SS Obersturmfuehrer Berg and SS Hauptsturmfuehrer Meine, discussion of current matters, among others Bygdoe, freezing experiments, Thaerigen.

And then I skip to an entry on page 171 of the English Document Beck. An entry made on the 22nd of March which reads:

SS Hauptsturmfuehrer Dr. Rascher: Business discussion, among other things pelygal production. Results of experiments with agar capsules. Preparations for freezing experiments during the winter month '22 and 45'. Demand for prisoner command for Schlachters.

The reference to polygal production will become clear to the court at a late stage in the trial, and I think these are the only entries dealing with freezing experiments, but, as I have stated, we will make continued reference to these diaries of the Defendant Sievers which very, very clearly points out that Sievers was connected with practically all of the criminal experiments with which this case is concerned. I would now like to offer into evidence Document No.647 which is not in your Honors Document Book, but we have translations here to hand up. This document has been made available to the Defendant's Information Center for the requisite twenty-four hours, and this will be Prosecution's Exhibit 124 I ask the court to insert it in the freezing document book which you now have before you. This is a note made by the Defendant Sievers and dated 16 December 1942 and your Honors will recall that a number of the freezing experiments took place, particularly dry freezing experiments, after the date here mentioned. The subject of this memorandum is "Cooperation with the Hygiene Institute of the Waffen-SS," and your Honors will remember that this institute was under the command of the Defendant Mrugowsky who in turn at this time was subordinate to the Defendant Genzken. The reorganization of the Medical Service of the SS occurred in August 1943, after the date of this instrument, and it was only on the occassion of the reorganization that the Hygiene Institute of the Waffen-SS was transferred to the deceased, Dr. Grawitz. The memorandum reads as follows:

With reference to my letter of 9 June 1942, regarding vermin control a meeting took place first on 21 October 1942 with the participation of SS Standar fuehrer Dr. Mrugowsky and SS Untersturmfuehrer Dr. Scharlau, Knesebeckstr., 43Under discussion was the cooperation not only in the field of vermin control, b also in the research-sphere of Rascher and with regard to the use of Gastein water in cases of freezing, as well as in various operational fields of the Hygi Institute, as had already been laid down in the interview with SS Untersturmfue Dr. Scharlau on 6 November 1941 (K-Enterprise; release of the archeologist Hund A further meeting took place then at the Hygiene Institute of the Waffen-SS on 20 November 1942 in which SS Standartenfuehrer Dr. Mrugowsky, SS Standartenfuehrer Sievers and lecturer Dr. May took part.

Dr. My promised on that occasion to send in his research plan.

I would like to say at this meeting, first mentioned here on 21 October 1942, and at least from that date, the defendant Mrugowski was in contact with the defendant Sievers, and it was understood that the Hygiene Institute of the Waffen SS would cooperate with the deceased Doctor Rascher in his Dachau experiments. If you will also recall, one of the entries in Sievers diary, stated that they were securing apparatus from Doctor Blumenreiter who was a subordinate of defendant Karl Genzken, for the purpose of the Rascher experiments.

The second page of Document No.647 reads as follows:

SS-Obersturmbannfuehrer Dr. Mrugowsky of the Medical Office of the SS, Charlottenburg, Knesebeckstr. 43/44, is working on behalf of the Reich Eastern Ministry (Reichsministerium Ost) on fever mosquito control in the areas in the East occupied by us.

The fever mosquito control in the Ukraine has been handled in peace time by the Tropical Institute in Moscow and several stations for that purpose have been established in the various districts. These control stations ware now being re-organized in the various districts under the supervision of the SS.

SS-Obersturmbannfuehrer Dr. Mrugowsky is going down there within the next few days in order to determine where the control measures are most urgent. It is to be aimed at, that at least the main road to Kiew and one of the great ore mines, where ore is being mined by us, are protected against Malaria.

DR. FLEMMING: I contest the authenticity of the document that was last read into evidence. On the second page of the document there is no date nor signature. On the photostatic copy in front of me there can be found neither a date nor a signature.

MR. McHANEY: It the Tribunal pleases, the observation made by the defense counsel for Mrugowsky is quite correct in so far as the second page of this document contains no signature. However, it seems apparent to me that both of these documents were found together. The original is certified as being located in the Berlin Document Center. The first page of the document is signed by the defendant Sievers, and I do not see that the lack of a signature on the second page necessarily shows that the document is not a genuine authentic copy of a document captured, of course, in military operations.

DR. FLEMMING: I should like to ask that the counsel for the Prosecution submit a report regarding the capture of this document. As far as I can see from this photostatic copy, different typewriters were used in writing this document -- No.647. The type on the first and second page differ, as far as I can see. Therefore, it cannot be said that these documents belong together.

MR. McHANEY: May it please the Tribunal, in order to simplify the matter and to remove any ground for controversy, I suggest that we remove the second page of the document which we have offered as Prosecution's Exhibit 124, and simply put in the first page which is signed by the defendant Sievers, and which bears a date, and which there is not controversy about the authenticity. In this case you can simply remove from your Document Book the second page of the translation of Document No.647, and if we care to investigate the source of this document, and then reintroduce it we can do so at a later date.

THE PRESIDENT: The second page of Prosecution's Exhibit 124 may be removed without prejudice to the page being offered at some later date. Exhibit 124 will consist of one page only.

MR. McHANEY: And, now, I would like to return to the deposition of Leo Michalowski, which is Document No. 2428-PS, page 159 of the English Document Book; and I now offer this as Prosecution's Exhibit 125. The defense counsel for Schaefer, I think, was about to make some objection to the introduction of this document. I think it is admissible on any one of a number of grounds.

Firstly, I think the document is admissible because it was accepted into evidence before the International Military Tribunal as an exhibit by Great Britain. I am told by Mr. Hardy that this note is with the original document before Judge Sebring now.

Second, this deposition was contained in a report made by an official committee of the United States Army on the Concentration Camp Dachau. The Army set up a number of investigating committees which, after the capture of various concentration camps, immediately conducted very extensive investigations, making a great number of written statements from the inmates of these concentration camps, and this is such a document.

In fact, it is simply one statement from a very voluminous report on the Dachau Concentration Camp, the whole of the report being 2428-PS.

DR. PELCKMANN: Dr. Pelckmann, counsel for the defendant Schaefer. I should like to make some remarks on that matter. There is something which I found out in connection with the investigation of this document. The counsel for the prosecution does not contest that the document bears no signature. This document, PS-2428, consists of three volumes. At the end of Volume 3 the man in charge of the investigation states that a number of witnesses, who allegedly had made statements, were not to be reached and that, therefore, they could not sign their statements. Among those people is this testimony of the father, which was submitted here. If this document were to be admitted because of other reasons, namely, because it is part of a report of the American Army or other American authorities, then the entire report would have to be submitted.

However, I doubt that the Tribunal will recognize this reports as an official report in the sense of the Charter if it takes into consideration that the biggest number of the statement on which this report is based bear no signature whatsoever. In addition, I don't believe that this is a report which can be considered to be a report of the Government authority in the sense of the Charter. It is merely an investigation of the Investigation Committee which had put this report on in three volumes.

MR. McHANEY: If the Tribunal please, I observe once more that this document which is now being offered was introduced before the I.M.T.: and under Article 9 of Ordinance Number 7, this Court shall take judicial notice of official Government documents and reports of the United Nations, including the acts and documents of the committees set up in the various Allied countries for the investigation of war crimes and the record and findings of military or other tribunals of any of the United Nations.

The document now before the Court is part of the records of the International Military Tribunal and is clearly admissible under Article 9. Moreover, the document now before the Court is signed by Captain L. Walker, Clyde L. Walker, an investigator-examiner; and while this copy is apparently not signed by the deponent Michalowski, certainly in any event this document is admissible.

DR. PELCKMANN: I contest that the document was submitted in its entirety before the International Military Tribunal. I want to ask the counsel for the prosecution when this document was submitted in its entirety. According to my recollection, only excerpts from this document were submitted. I merely wish to point out that at the end of this particular statement it can be seen very clearly that there is not signature of the witness available; and I should again like to ask the Tribunal to refer to Volume 3, where the investigating official himself states that he could not obtain signatures.

MR. McHANEY: I should like to say that it is certainly true that this full document was not introduced, at least in its English version before the I.M.T. That was done for the reason that they were not interested in the full statement of Michalowski. Therefore, they introduced excerpts from this statement; but clearly if the excerpts were admissible, the statement as a whole is admissible. And as for putting in all of 2428-PS, it is, of course, a ridiculous assertion because it is a very large volume of documents; and we for one are interested in none of them except this one.

I can't believe that the defense counsel for Schaefer is interested in any of the rest of them, either. As a matter of fact, this document, as far as I can see, does not run against the defendant Schaefer. Therefore, can't quite understand the great controversy being raised about the admissibility of this document on the part of his counsel.

DR. PELCKMANN: With reference to my last formal objection, I have come forward to reply. The defendant Schaefer is also charged with conspiracy; and this extends to all facts. The other assertion of counsel for prosecution, namely, that because excerpts wore admitted into the I.M.T. thereby a sanction is made for this Tribunal I believe is a completely incorrect statement. If this High Tribunal should find that admission of evidence to the I.M.T. had been carried out erroneously; that judicial procedure had not been carried out, then I believe that this Tribunal has a perfect right to say and has a perfect right to state that it would not admit this document.

THE PRESIDENT: The fact that from the statements before the Tribunal this Document was admitted in evidence before the International Military Tribunal is not necessarily binding.

It may have been admitted without objection as far as this Tribunal knows.

The objection of counsel for the defense to the offer of this document will be sustained without prejudice to its being offered again if other supporting evidence may be procured.

MR. McHANEY: This completes the presentation of documentary evidence on the freezing experiments conducted at Dachau; and Mr. Hardy will continue now with the introduction of testimony and proof on the malaria Experiments.

MR. HARDY: May it please the Tribunal, the prosecution charges in the indictment the defendants Karl Brandt, Handloser, Rostock, Gebhardt, Blome, Rudolf Brandt, Mrugowsky, Poppendick, and Sievers, in Count Two, Paragraph 6, Sub-paragraph C, and in Count Three, Paragraph 11, with special responsibility for and participation in the malaria experiments.

As will be shown in the course of this presentation, those experiments were also conducted at the Dachau Concentration Camp; and in this connection a Military Government Court of the United States of America, sentenced Karl Schilling to death by hanging in the case of the United States versus Weiss, Ruppert, et al.

At this time the prosecution respectfully requests that the Honorable Tribunal call the witness August Heinrich Vieweg to the witness stand. Due notice has been filed with the office of the Secretary General; and the defense counsel have been duly notified that this witness has been summoned to appear before this Tribunal to testify to facts concerning the experiments at the Dachau Concentration Camp.

THE PRESIDENT: The witness will take the stand. Mr. Prosecutor?

MR. HARDY: Yes, sir.

THE PRESIDENT: Is this man a German national?

MR. HARDY: This man is a German national, yes sir.

FRANZ RIETWEG, a witness, took the stand and testified as follows:

THE PRESIDENT: Witness, you will stand at your place in the witness box, hold up your right hand, and be sworn. Repeat after me:

I swear by God, the Almighty and Omniscient, that I will speak the pure truth and will with hold and add nothing.

(The witness repeated the oath.)

THE PRESIDENT: Proceed.

DIRECT EXAMINATION BY MR. HARDY:

Q: Witness, what is your full name?

A: Franx Rietweg

Q: Witness, when and where were you born?

A: I was born in Lucern on the 10th of April, 1906.

Q: What is your occupation?

A: I am a physician.

Q: Witness, will you kindly tell the Tribunal where your present place of abode is?

A: At the moment I am in prison in an internment camp in Hanneborge.

Q: Will you kindly tell the Tribunal for what reason you are a prisoner in the internment camp?

A: I was an Obersturmbannfuehrer in the Waffen on SS.

Q: When were you at Dachau --?

MR. HARDY: Pardon me, your Honor, this witness is apparently the wrong witness.

Q: Would you kindly repeat your full name again, please?

A: Rietweg.

Q: How do you spell that, Mr. Witness?

A: R-i-e-t-w-e-g.

MR. HARDY: I'm sorry, your Honor, the Marshal has called up the wrong witness as Vieweg. I have called up August Heinrich Vieweg.

THE PRESIDENT: The witness will stand aside.

MR. HARDY: If Your Honors please, I will proceed with the presentation of the malaria experiments and when the witness arrives, we can use him at that time.

THE PRESIDENT: You may go ahead.

MR. HARDY: At this tine, Your Honors, the Prosecution respectfully requests the Tribunal to take judicial notice of the official review of the proceedings in the Dachau trial, under Ordinance 7, Article 9. In accordance with the rules of the Tribunal I shall introduce the entire findings of fact contained in the official review of the trial with respect to malaria experiments. These particular facts have been given Document No.856, and have been translated into the German language and made available to the defense counsel. This document is also offered as Prosecution Exhibit No.125. I shall read from the document. This is contained on page 1 of Your Honors' Document Book. Do you Have the malaria documents with you?

THE PRESIDENT: No, I have not seen them.

MR. HARDY: They were delivered two days ago to the General Secretary.

THE PRESIDENT: They have not reached the Tribunal.

MR. HARDY: Your Honors, I suggest that we send the General Secretary after the copies. They should be in the General Secretary's office.

(The documents are procured)

MR. HARDY: I shall proceed to read Document No.856, "EXTRACTS FROM THE REVIEW OF PROCEEDINGS OF THE GENERAL MILITARY COURT IN THE CASE OF UNITED STATES VS. WEISS, RUPPERT, ET AL, HELD AT DACHAU, GERMANY. HEADQUARTERS THIRD US ARMY AND EASTERN MILITARY DISTRICT Office of Judge Advocate. REVIEW OF PROCEEDINGS OF GENERAL MILITARY COURT IN THE CASE OF UNITED STATES VS. WEISS, RUPPERT," and I will not read the rest of the names.

TO: Commanding General, Third United States Army and Eastern Military District, APO 403, United STATES Army:

Now, if Your Honors will please turn to page 2, paragraph 2:

Series of experiments concerning the treatment of malaria were conducted under the supervision of the accused, Dr. Schilling. 300 to 400 persons died as a result. The facts elicited with respect to these experiments are set out in detail infra in connection with Dr. Schilling.

We now proceed to Section "C" of the Review, Paragraph 15, which concerns the facts against the individual defendant. Dr. Klaus Karl Schilling.

THE PRESIDENT: What exhibit number did you assign to this exhibit?

MR. HARDY: I assigned the number 125.

THE PRESIDENT: This exhibit is a review by the reviewing authorities of the findings?

MR. HARDY: It is by the reviewing authorities on the findings in the trial held at Dachau, Germany, in the case of United States vs. Weiss, Ruppert, et al.

THE PRESIDENT: Does this exhibit contain the findings of the Court:

MR. HARDY: This exhibit contains the findings of the Court at the end and this is an official review of the trial and the only publication as a result of the trial.

THE PRESIDENT: It contains the findings then which are merely quotations from the sentences of the Court?

MR. HARDY: If you will turn to page 8 in Your Honors' Document Book, second paragraph, there is stated the Court's sentences in this particular case, in regard to Schilling, and then it is affirmed by the Reviewing Authorities, after having been sent on to be reviewed, and signed by Lieutenant General, L. K. Truscott.

THE PRESIDENT: Does this also contain what you perceive to be pertinent documents and documents upon which the sentences wore based or not?

MR. HARDY: This contains, Your Honors, the facts introduced from the arguments of the Prosecution, as well as the Defense, and then the statement of the Reviewing Authorities of the Court:

THE PRESIDENT: Now as I understand it, you are asking this Tribunal to take judicial notice of the entire proceedings which culminated in this judgment, is that correct?

MR. HARDY: I am asking the Court to take judicial notice of the particular section pertaining to the malaria experiments in the case of Dr. Schilling at this time.

THE PRESIDENT: Is the testimony upon which these findings were based available so that this Tribunal will have the opportunity, if it cares to do so, to examine this testimony?

MR HARDY: Yes, that testimony can be made available, Your Honors. There are limited copies on file with the Judge Advocate in Weisbaden, and I am certain I can produce copies for Your Honors' consideration.

THE PRESIDENT: I suggest you give consideration to that. As I understand it, this is not a copy directly of the findings of the court-martial or military commission or whatever it was that tried the defendant, but it is a copy of the action of the reviewing authorities upon these findings?

MR. HARDY: That is correct, Your Honor.

THE PRESIDENT: It may be admitted, taken in view of the statement of the Prosecution that the evidence upon which the judgment of the Court was based, may be made available.

MR. HARDY: I shall proceed on page 2, Your Honors, of the document book, the last paragraph, entitled paragraph 15:

15. Dr. Klaus Karl Schilling. A special experimental station had been set aside in the hospital for the performance of malaria experiments under the supervision of the accused, Dr. Schilling. Schilling performed his research for the purpose of determining immunization for and treatment of malaria. Requests for prisoners were made by Schilling. One such request, which was admitted into evidence, stated that Polish prisoners were requested. A list of inmates were prepared in the camp physician's office, the inmates being of all nationalities which were represented in the camp, and was sent to the labor office which made a copy of the list. There the list was confirmed by the Schutzhaftlagerfuehrer

-- that is the SS Camp Commandant --

who sometimes made a few changes in the list. These lists appeared about once every month since about 1943. None of the 1200 selectees ever consented or volunteered. Priests were often selected for these experiments. An inmate, a priest named Father Koch, related his experience in that connection. He was first X-rayed and then sent to the malaria station. He was put into a little room where he received a box with mosquitoes which he had to hold in his hands for about half an hour. That occurred every day for one week. Every afternoon another box of mosquitoes was put in between his legs while he was in bed. Each morning a blood smear was taken from his ear and his temperature was measured each day and night.

He was given quinine. In about 17 days he left to hospital. After being released from the hospital he had to report back every Saturday. Eight months later he had an attack of malaria, which recurred, precisely every three weeks for six months. The symptoms he felt were high fever, chills and pains in the joints. Koch did not volunteer for the experiments, nor did the other prisoners who were mostly Poles and Russians, who underwent the treatment with him.

The prisoners were infected with malaria by the injections of mosquitoes themselves or the injections of extracts of the mucous glands of the mosquitoes. After having contracted malaria, the prisoners were treated in different ways. Some, as Father Koch, were given quinine. Others were given neo-salvarsan, pyrami antipyrin, a drug numbered 92516, and several combinations of these. Some people died as a result of these experiments. Schilling was present when autopsies were performed on some of these persons. Whenever anyone died who had been injected with malaria, a report of that death as made to the accused Schilling and the chief doctor. Some of the victims died from the intoxication of neo-salvarsan and pyramidon, for many individuals could not withstand large doses of these drugs. From the autopsy it could be determined that a patient died of neo-salvarsan since the reactions were similar to arsenic. In the beginning of 1944 three deaths resulted from the use of pyramidon. These people were brought directly from the malaria ward to the autopsy room. Two young Russian boys who were transferred from the Malaria ward to the general medical ward died within a day after their arrival because of overdoses of pyramidon. They had been sent to the gener ward so that the official cause of death which would be stated would not be malar Pyramidon has toxic influence on the blood corpuscles which causes them to disintegrate. Malaria was the direct cause of thirty deaths and, as a result of complications, 300 to 400 more died. People who had died directly from malaria, had some straight from the malaria ward, while the 300 to 400 others had undergone the malaria experiment. These people who had been subjected to malaria may later have died of tuberculosis, pneumonia, or dysentery. Some of the patients whom Dr. Schilling used had tuberculosis before undergoing the experiments. Fever type diseases have adverse effects on tuberculosis. An index of the malaria diseased people was kept in the hospital office.

Schilling received various visitors such as Dr. Rabbit, who was a Reich SS physican at Oranienburg.

A pre-trial affidavit of the accused Schilling executed in his own handwriting on 30 October 1945 before 2nd Lieutenant Werner Conn was admitted into evidence. This statement reads in pertinent part and in translation as follows:

My name is Professor Dr. Klaus Schilling. I have already worked on tropical diseases for 45 years. I came to the experimental station in Dachau in February 1942. I judge that I innoculated between 900 and 1,000 prisoners. Those were mostly innoculated for protection. These people, howrever, were not volunteers. The inmates whom I gave protective innoculations were not examined by me but by the present camp doctor. Before the innoculations there was usually an observation of several days. Tho last camp doctor was Dr. Hintermair. As well as I can remember, in three years there were 49 patients who died outside the malaria station. The patients were always released by me as cured only after one year.

As remedy I used quinine, atabrine, and neo-salvarsan. I know for sure of six cases where I used pyramidon tablets to hold down the fever.

We turn now to Section V of the Review of Trial, which is "Evidence for the Defense", paragraph 15, in reference to Dr. Kurt Klaus Schilling.

The accused Doctor Schilling elected to testify and made the following unsworn statement: He was 74 years old, married, had one son, and was a physician. He had specialized in tropical diseases, particularly malaria, since 1898. Dr. Schilling studied under Professor Koch of Berlin, and graduated from Munich as a physician in 1894. He did research work in Africa on malaria, sleeping sickness, and tsetse fly diseases. Dr. Schilling worked for the Rockeafeller Foundation in Berlin, receiving a grant in 1911 for the study of various diseases and for a trip to Rome. In 1941, in Italy, Dy. Schilling met Dr. Conti, the Reich physician leader, who invited him to see Himmler. Schilling went to Himmler who gave him the order for him to continue his studies at Dachau. Schilling had selected Dachau because it was near his birthplace. The question of using prisoners for experiments was not discussed. In January 1942 Schilling went to Dachau. Schilling only accepted this commission at Dachau because the League of Nations, of which he was a member, told him of the importance of curing the seventeen million known cases of malaria. He believed it was his duty to humanity. He never became a member of the SS or the Nazi Party. He was a 'free independent, research man'. Dr. Schilling infected thousands of prisoners with malaria Benign Tertia which is not fatal.

The purpose for this was to find a vaccination against mala ria, and today there is no vaccination against malaria except the one discovered by Schilling. Dr. Schilling used mosquitoes and blood transfusions to infect the patients aid received patients already infected. The patients were divided into groups and were constantly watched, one group for the purpose of keeping up the strain and another for immunization purposes. The latter were injected repeated to stop up their immunity. Schilling reinfected about 400 to 500 patients and used quinine, atabrine, and neo-salvarsan, and a dye number 2516, which made the patients immune. To prove this, he had to test by infecting them again.

Dr. Schilling could not work with animals because they are not receptive to malaria, and men are used throughout the world. He assumed that Admiral Stipp and Mark Boyd, two malaria authorities, used humans in their experiments. Infect malaria has been used to cure paralysis.

Only about four or five of the patients refused to be immunized, but they consented after Schilling explained the importance of the work. The selections of the patients were made as follows: Berlin allowed him thirty patients a month and he would request them through the camp physician from the commandant who contacted the labor leader. The latter selected healthy prisoners and Schilling' assistants chose the final names and sent them to Berlin, where the selection was approved. These patients were carefully inspected and could not be refused by Schilling be order of Himmler.

The doses of neo-salvarsan were 1,54 grams and at no time failed. He used pyramidon to lower the boy temperature although the drug has a bad effect on the blood corpuscles. He used this drug only in fifteen cases and found that two grams were not harmful. This was important so the body could react without fever. Nobody died from pyramidon. Malaria has been used to cure syphillis, and neosalvarsan can destroy parasites in a fever.

Dr. Schilling never dealt with Dr. Blaha on any autopsies involving neosalvarsan poisoning. Discharged patients were told to report back if they felt sick. Periodic checks were made of them and any patient was received back if there were signs of relapse. If Schilling were asked to resume his work, he would do so only volunteers. 398 Dr. Schilling was withdrawn as a witness at this point, but resumed the stand later and testified as follows:

In death though neo-salvarson all organs are affected. Blood cells may die, but nothing like this happened in his cases. It is impossible to determine death by malaria by a mere autopsy with out a microscope, especially where there may be other complications. Pyramidon is rarely the cause of death.

Out of the 100 people infected by Dr. Schilling with malaria, not a single one of them died of uncomplicated malaria.

Weight of the patients during experiments increased. Additional food was given and people suffering from contagious disease would be isolated. Dr. Schilling never stated the wrong cause of death.

Dr. Schilling stated he couldn't experiment on himself because he had malaria an 1933 and men like him cannot be reinfected in most cases, although malaria is a recurring disease. If there is chronic malaria, the heart muscles will suffer as in all chronic diseases. Malaria will increase the watery substance in the blood and the brain will suffer under chronic malaria. Chronic malaria will weaken the body to make in susceptible to other diseases and one may die of another disease while having malaria.

Schilling had SS doctors helping him and examined all patients personally and supervised the records. Schilling recognized Prosecution's Exhibit No.131, which started that nineteen cases were treated with pyramidon, three of whom died. He declared these patients were suffering from typhus and were removed from the ward.

Although there was a typhus epidemic in November 1944 and he know that people were dying, he continued his experiments. Everyone who was innoculated remained at the station. One patient was injected three times and later died of typhus. He was given neo-salvarsan, atabrine, and quinine.

Pyramidon doses of three grams per day for five successive days were given. Dr. Blaha did not inform Schilling of the deaths due to pyramidon poisoning. If Schilling had been notified he would have stopped the experiment, An Italian named Calveroni was infected with blood and might have gotten typhus.

If a man is suffering from malnutrition, a big dose of neosalvarsan is not advisable. If it would save his life, Schilling would give it to him. It depended on the physical condition of the man and of what he was suffering; yet, Schilling gave the drug to Father Wicki who only weighed 50 kilos, but Schilling says that Wicki was not a sever case. -- A kilo is approximately two pounds--Schilling gave three grams of neo-salvarsan in five days, which was the largest dose he ever gave over that period of time. He does net remember giving drugs to sufferers of dysentery.

Schilling did not remember specific cases where he did not use caution. He recalled the priest Stachowski who died, but doesn't remember that he died from neo-salvarsan.

Dr. Schilling was not under the control of the SS. He heard rumors about beatings, but did not concern himself with 'things that were not my business'. All his records had been burned. Schilling denied all accusations against him other than what he admitted as a part of his duty. He declared that his work was unfinished and that the court should do what it could to help him finish his experiments for the benefit of science and to rehabilitate himself.

Mrs. Hubner, who know Professor Schilling for thirty years, stated that she often saw him in Italy and in Germany and has known him to be of good reputation and of good veracity. He told her his only aim was to cure malaria. She believed his intentions at Dachau were good.

Frau Durck, the wife of a university professor of the anatomical pathology who was interested in malaria research, knew Professor Schilling since 1924. Schilling was always regarded in his field as a serious scientist.

She knew what he was doing at Dachau, but her husband would not have done it.

Dr. Eisenberger, a lawyer for 52 years, knew Dr. Schilling for 30 years. He considered Schilling highly respectable and reliable, and said Schilling was seeking to benefit science and would never do anything wrong.

Heinrich Storr, a male nurse at Dachau, testified it was known that Schilling worked on orders from Himmler. The camp's physician and Schilling's assistants examined the patients prior to the experimentation Dr. Brachtel, an SS doctor and assistant to Schilling also performed atabrine experiments. If a patient had a relapse from malaria, he was treated by Dr. Schilling. Others were given quinine by some of the hospital staff.

Max Kronenfelder worked in the malaria station under Schilling from February 1941 to June 1943. He knew about a Dr. Brachtel who also made private experiments on malaria without the knowledge of Dr. Schillin Kronenfelder took blood smears and performed minor details such as cleaning up. Brachtel experimented with patients who had tuberculosis, being helped by a man named Adam. Adam was often in the morgue with Dr. Blaha.

Father Rupieper had been subjected to the malaria experiment in August 1942. Other priests who were also subjected were Peter Bower, Gustav Spitzick, Amon Burkhardt, Fritz Keller and Kasinemer Gasimer Rikofsky.

We now turn to Section VI, which is Prosecution Rebuttal Evidence Paragraph 15, referring to Klaus Karl Schilling.

When one of Dr. Schilling's patients died, there were orders to report that fact to the malaria station, even though the man had died in another section of the hospital. Toward the end of 1942, Professor Schilling was personally present at the autopsy of a man who died of neosalvarsan and he requested the brain, liver, kidneys, spleen and a piece of stomach. In that case, Dr. Schilling dictated part of the findings with respect to the cause of death.

When the first three patients died from pyramidon in February 1945, a member from the malaria station and Dr. Hintermayer were present. Dr. Blaha stated that in his experience as a physician, the average patient could receive 3.3 phramidon a day, and that the largest dose would be 2 grams per day, but that of course assume that the individual was healthy and strong. In Dr. Blaha's judgment, the prison inmates could not be given more than one and a half to two grams for a few days. If those people were to receive three grams per day for three successive days, signs of poisoning would be revealed.

Dr. Blaha stated that an autopsy revealed that death from pyramidon was the result of sudden suffocation, which was not true in the case of typhus. Death from typhus could be determined by certain indicia without a microscope.

Dr. Blaha explained that the ordinary Midol tablet contained.3 phramidon and that it is sold over the open counter. If taken in moderate doses, it will not have any ill effects.

A leaflet of I. G. Farben, Indiana, which held the neo-salvarsan contained the following instructions: 'In between the individual infections, spaces of time should be permitted to elapse, from three to several days'. These were instructions for syphillis. In paragraph five in the leaflet it read in part, "Such caution in the use of neo-salvarian is recommended for under nourished and severe anemic patients, tuberculosis diseases of the lungs, heart, kidneys, liver and intestines."

We turn now to Section X of the review: Merits and Defense, Paragraph 15, Dr. Klaus Karl Schilling.

Dr. Schilling, at the call of Himmler, began conducting his malaria experiments at Dachau in February 1942. He continued these experiments until liberation of the camp. It was undisputed that the inmates upon whom Dr. Schilling used in his work were not volunteers. Dr. Schilling's research was performed for the purpose of determining immunization for and treatment of malaria. His requests for inmates were made about every month. These lists were prepared in the camp physician's office and then sent to the camp commander and labor office.

About 1200 selectees were thus chosen for subjection. Many of them were priests. The number of people who died from the malaria or from drugs such as pyramidon or neo-salvarsan is not known. Certainly some died. It is reasonable to infer that the deaths of many of the inmates from tuberculosis, dysentery, typhus, and other diseases were caused in part by the fact that these people had been subject to malaria. Although Dr. Schilling's motive may have been simply and purely a scientific one, his activities exemplified the Nazi scheme which existed at Dachau. The part he played in that scheme is clear."

Section XIV, Sentences.

In many respects, the accused Schilling was the most reprehensible. He voluntarily came to Dachau fully cognizant of the nature of the work he intended to perform. Being educated and learned person that he was, Schilling undoubtedly must have realized the manner in which his work suited the needs of the Nazis. Although his personal motives may have stemmed from his desire to aid humanity, he permitted himself to utilize Nazi method s in contrast to other eminent German artists and scientists who either fled or refused to make themselves a part of the Nazi system. It is believed that the sentence of the court, who was aware of Schilling's position in the scientific world, should be approved.

Section SVI, Actions.

A form of action designed to carry the foregoing recommendations into effect, should they meet with your approval, is submitted herewith. Charles E. Cheever, Colonel, Staff Judge Advocate.

And the last page, which I will not read, is a confirmation of the sentences by Lieutenant General L. K. Truscott, Jr., U. S. Army, Commanding.

I call to the attention of the Tribunal that the Dachau Board found as a fact that Dr. Schilling received his commission to carry out his criminal experiments from the Reichsfuehrer-SS, Heinrich Himmler. As is shown in all fields of this fiendish experimental program in Nazi Germany, the defendants charged with malaria experiments likewise had full knowledge of Schilling's work, as he reported to them, conferred with them, received vital materials from them, and in some instances, they actively collaborated with the deceased Dr. Schilling.

At this time, I present to the Court, Document No. NO-721 which is offered as Prosecution Exhibit No.126. This is a memorandum signed by the defendant Sievers. It reads as follows:

Memorandum.

Re: Consultation with Dr. May at Munich on 1 April 1942.

1. A doctor and zoologist, Dr. Hilt, is at disposal.

2. An entomologist, Dr. Braun.

Both, however, are not presently employed in their specialities with the Wehrmacht, and would have to be assigned or released.

3. Of the objects offered, the most favorable to date is a farmhouse at Holzkirchen. It is situated in the immediate vicinity of the railroad station near the Autobahn. The price is 73,000 Reichmark. It would have to be rebuilt for our purposes. To date, it has been used for the housing of soldiers. The Wehrmacht is interested in buying it in order, possibly, to use it as a food-staffs factory. The fact that there are a sufficient number of living quarters speaks well for Holzkirchen.

4. In this connection, I am wondering whether the experiments could not be started most quickly if the required space were provided at the Camp Dachau. The excellent medical arrangements there could be used for the examinations and furthermore the experiments would be considerable easier if observations could be made on prisoners.

Another matter in favor of Dachau is the fact that Professor Schlink is carrying out his anopheles examinations there with regard to tropical malaria.

--Professor Schlink is a name similar to that of Schilling.

5. At present, an extensive program is being prepared in Greece for the combatting of anopheles larvae. The Luftwaffe is participating with the Air Defense Unit which is providing airplanes. The combatting is being carried out with arsenic preparations.

The program is in the hands of Special Leader Dr. Dauberschmidt. The last Ministry has manifested its interest. It would be necessary that we join in by sending Dr. May. Service Pass and Travel Permit are requested.

/s/ Sievers, SS Obersturmbannfuehrer.

It is obvious from this document, Wolfram Sievers at this point or 1 April 1942 or thereabouts was familiar with the work of Dr. Schilling at Dachau. This letter is a proposal for further experiments which are to be planned, which obviously shows that the distinguished Wolfram Sievers, in his capacity as Reich Manager of the Ahnenerbe, had his finger in all these pies.

In order to substantiate the position of the defendant Sievers and his cultural society, the Ahnenerbe, I will now ask the Tribunal to turn to Document No. --

THE PRESIDENT: At this time, the Tribunal will have a recess until 1:30 o'clock.