1946-12-19, #1: Doctors' Trial (early morning)

Official Transcript of the American Military Tribunal in the matter of the United States of America, against Karl Brandt, et al., defendants, sitting at Nurnberg, Germany, on 19 December 1946, 0930-1630, Justice Beals presiding.

THE MARSHAL: The Honorable Judges of Military Tribunal 1.

Military Tribunal 1 is now in session.

God save the United States of America and this Honorable Tribunal.

There will be order in the courtroom.

THE PRESIDENT: The Marshall will ascertain that the defendants are present.

THE MARSHAL: May it please Your Honor, all the defendants are present in the courtroom.

THE PRESIDENT: The Secretary General will note that fact for the record, that the defendants are present in the courtroom.

The prosecution will proceed.

MR. McHANEY: May it please the Tribunal, at the end of the session yesterday the witness Henripierre had identified Document NO-483 and Document NO-807 as containing true and correct copies of photographs made of certain bodies which were left in the Anatomical Institute of the University of Strassbourg at the end of the war. These documents have also been certified by appropriate authorities of the French government and I should like before offering these documents to read these certifications. That pertaining to Document NO-483 is on page 19 of Your Honor's document book. The certification is on the letter head of the Ministry of Justice. Direction of the Office of Investigation of enemy War Crimes, 48 Rue de Villejust, Paris (XVIe), Phone: Kleber 16-6- to 16-64.

CERTIFICATE

I, the undersigned, Georges REYNAUD, magistrate of the French Office of Investigation of enemy War Crimes, certify that the enclosed photographs are exact reproductions of the treatment inflicted upon political and racial deportees and others detained at the STRUTHOF camp (Laboratory for medical experiments).

These photographs illustrate the experiments carried out by Dr. August HIRT and associates.

They were taken immediately after the liberation by the French Office of Investigation of War Crimes.

/s/ REYNAUD

With the Seal: Ministry of Justice, Office of Investigation of enemy War Crimes.

I, therefore, offer Document NO-483 as Prosecution Exhibit 184.

Document NO-807, which also consists of pictures made in the Anatomical Institute of the University of Strassbourg immediately after liberation, also has been certified by appropriate authorities and here is -- if Your Honor please, I think that they have wrongly assembled the translation which is in our document book. Page 20 is the beginning of a deposition made on a French war criminal or English war criminal by the name of Joseph Kramer. Page 20 really should be marked page 23, and page 23 is really the first part of the translation and it is the certification given by the Strassbourg Police and it reads as follows (it is on the letter head of the Regional Service of Legal Strassbourg Police):

I, the undersigned, HELFFER Eugene, principal Commissary, Chief of the Sixteenth Mobile Brigade of the legal Police of Strassbourg, certify that the documents herein affixed on eight pages, including photos No. 1 to 21 of bodies, and No. 1a to 8d of documents, are photographs of bodies, and of French and German authentical documents who have been taken by the French Police immediately after the liberation of Strassbourg in the Anatomical Institute of the University of Strassbourg.

The originals of the documents can be found in the records of the Military Tribunal of Strassbourg, and are necessary for other reasons.

The photographs hereby affixed are exact and true photographs of bodies or parts of bodies found by me in the Anatomy of Strassbourg and of documents which during the information have been seized by the Major in charge of Military instruction at the Military Tribunal of Strassbourg.

Dated, Strassbourg, November 16, 1946, Chief of the Sixteenth Mobile Brigade of legal police. Signed: HELFFER.

And on the next page of the translation we find short descriptions of the pictures. Thus, picture No. 1 is “alcohol containers for the bodies which were used for anatomic preparations. A few bodies of the eighty-six people assassinated in August 1943 in the Struthof gas chamber: sixteen of these bodies have been found whole.”

I might say, parenthetically, Your Honor, that STRUTHOF, I think is a French designation of the concentration camp Natzweiler.

Picture No. 2, Bodies of subjects which were likely Jewish, who were treated the same way.

Picture No. 3, Body bearing the number 107969 tattooed on the left forearm.

Picture No. 4, body of a young and robust subject whose autopsy has been made by the exports. The number tattooed on the left forearm is not visible on the photograph.

There is no comment on pictures five.

Six says, "Other Bodies coming from the gas chamber".

7 and 8 have no comment.

Picture No. 9, “Bodies of women lying in a container.”

Picture No. 10, “Other robust women's bodies coming from the gas chamber.”

11 and 12, no comment.

Picture No. 13, “Bodies defleshed at the end of 1944 on order of the German Professor HIRT, Director of the Anatomic Institute from 1941 to 1944. The number of each body, tattooed on the left forearm, has been removed by order when the bodies were defleshed. The vital organs and the heads have been incinerated in the Crematorium of Strassbourg -- actions which were meant to prevent identification of the bodies and to obstruct the French Medico-Legal research.”

Picture 14 shows parts of defleshed bodies.

Fifteen is the same.

No comment on 16.

Picture number 17 is said to be a "body of a young girl, healthy and robust, taken at the time of the autopsy. Notice in the incisions done on the body the layer of grease which shews execution shortly after the arrest."

Picture number 18 is a "body of a man, likely Jewish. There is no sign of grease on the skin.”

Picture No. 19, “bodies of inmates bearing on the back numerous wounds coming from violent strikes received before the execution in the gas chamber."

Picture Number 20 shows the "strikes received on the back."

Picture No. 21 is the same.

Now, also as a part of this exhibit are certain documents or pieces of documents, and they are listed according a number and a letter, thus: 1A, 2B, and 3B are documents found in the Struthof Concentration Camp. "1A is a list of phone numbers. 2B is an extract of the monthly report from the camp doctor saying that experiments have been done on sixteen gypsies and that three deaths have resulted. 3B is is an extract of various reports by the camp doctor. 4C, 5C, 6C, and 7C, the notebook of the SS Volkmar from the Commandatur of the Natzweiler-Struthof Concentration Camp. Sheet 71..." that is a note at the bottom... "sheet 71 bears the following mention 'gas of cyanidric acid of Professor Hirt' (the cyanidric acid is a very strong poison). On the two others the names of Professor Haagen and Bickenbach appear Haagen and Bickenbach were associates of Professor Hirt at the Strassbourg University; and the proof will show at a later date that Haagen was also active in the medical experimentation on concentration camp inmates at Natzweiler, and of course the same was true of Professor Hirt.

Now, the next page of the translation of Document NO807 is a report on the interrogation made of Joseph Kramer. It is stated here that Kramer was for several years the commander of the Natzweiler Concentration Camp. After he left Natzweiler he finally went to Bergen Belsen, and he was captured there by the British Army of the Rhine, has subsequently been tried before a war crimes court of the British Army and has been executed. This deposition is on the letter head of the French Republic, Permanent Military Tribunal of the Tenth Military Region in Strasbourg.

In the year 1945 on July twenty-sixth at fifteen hours, appeared before me, Major Jadin, Military Judge at the Military Tribunal of the Tenth Region, assisted by Lieutenant Jr. Hertzog, stenographer at the same Military Tribunal, also functioning...

THE PRESIDENT: From what page of the record book are you reading?

MR. McHANEY: It is our new page 23. You will recall that I asked you to transpose page 20 and 23.

.... assisted by Lieutenant Jr. Hertzog, stenographer at the same Military Tribunal, also functioning as interpreter of German and who was under oath according to the Article 332 of the Criminal Investigation Code, in my office which had been taken to Celle, according to my verbal summons, the witness named hereafter, which has outside the presence of the other witnesses, in the presence of Major G. Dill Smith of the English Service of War Crimes, after having shown the summons which was given to him, after having sworn to say the entire truth and nothing but the truth, and interrogated by us on his sir name, given name, age, status, profession and dwelling, if he is domestically related or allied to the parties, at which degree:

Has answered that he was named Kramer, Joseph, Hauptsturmfuehrer SS, thirty-nine years old, living in BergenBelsen.

I used to be a bookkeeper in Ausbourg before 1932, year in which I have volunteered in the SS and I have been asked to guard the inmates of concentration camps.

Before the hostilities I have been as a Lieutenant in various concentration camps, especially in Estervegen, Sachsenhausen, Dachau, Mauthausen and Auschwitz.

In April 1941 I have been sent by the superior SS authorities to the Natzweiler-Struthof as a lieutenant, adjutant to Buttig, Commander-in-Chief of the camp.

In October 1941 I have been named commander of the camp in replacement of the Commander Zill...

THE PRESIDENT: Counsel, this document reads October 1942.

MR. McHANEY: Pardon me, I am sorry. It is October 1942.

.... In October 1942 I have been named commander of the camp in replacement of the Commander Zill who had succeeded Buttig. I have commanded the camp until April 1944, date on which I have been sent to Auschwitz and in December 1944 to Belsen.

During the month of August 1943 I received from the Oranienburg Camp, or rather from the Supreme SS Command in Berlin who sent it to me, the order to receive about eighty inmates coming from Auschwitz. In the letter which went with this order it was stated that I had to get in touch immediately with Professor Hirt of the Medical Faculty of Strasbourg. I went to the Anatomical Institute of Strasbourg where Hirt was.

The latter told me that he knew of an inmate convoy of Auschwitz for the Struthof. He told me that these persons were to be executed in the gas chamber of the Struthof Camp with asphyxiating gases and that their bodies were to be driven to the anatomical Institute so that he could dispose of them.

After this conversation he gave me a bottle of about one-fourth of a liter containing salts which I think were cyanhydrique salts.

The professor told me about the approximate dose that I had to use to asphyxiate myself the inmates coming from Auschwitz of which I have spoken to you.

In the beginning of August 1943 I received the eighty inmates who had to be killed with the gases that had been given to me by Hirt, and I started to take to the gas chamber, on a certain evening, at about nine o'clock, with a small van, the first time, about fifteen women. I told these women that they had to go to the disinfection chamber and I did not tell them they were going to be asphyxiated.

Helped by a few SS I undressed them completely, and I pushed them in the gas chamber when they were completely naked.

When I closed the door, they started to howl. I introduced, after having closed the door, a certain amount of salt in a funnel that was placed above and to the right to the observation window. Then I closed the opening of the funnel with a tap which was adapted at the bottom of this funnel with a metal tube on it. Thus metal tube drove the salt and water into the inside opening of the chamber of which I have spoken. I lit the inside of the chamber with a switch placed near the funnel and I observed through the observation window what was going on inside of the chamber.

I have seen that these women have continued to breathe about half a minute, then they fell on the floor. When I opened the door after having made at the same time function the ventilation inside of the chimney, I found out that these women laid without life and that they were full of excrements.

I have told to male nurses of the SS to put these bodies in a small van the next morning, about five-thirty, so that they could be taken to the Anatomical Institute as Professor Hirt had asked me to.

A few days later, in the same above-mentioned condition, I have taken again to the gas chamber a certain quantity of women who were asphyxiated in the same way; then again a few days later I have taken to the gas chamber, in two or three times, about fifty men, maybe fifty-five, who were killed always with the salts Hirt had given me.

On demand: I ignored what Hirt was going to do with the bodies of these inmates whom I have asphyxiated, on his indications, at the Struthof. I did not think I had to ask him.

On demand: I ignored to what nationality belonged the assassinated inmates; I think they came from the southeast of Europe, but I cannot designate the country.

We present to the witness tie photographic album in which are pictures of the gas chamber.

The witness: I recognize on these photographs the Struthof gas chamber which was built in the middle of the year 1945 to asphyxiate the inmates who were reserved for Professor Hirt.

On demand: I admit that a great percentage of French people died at the camp. In my opinion they were intellectual people who could not support the heavy work which they had to do in the camp.

On demands: It is true, that in the sand-pit situated above the entrance of the camp, some inmates have been shot by the SS who were under my orders.

On demand: Professor Bichenbach came several time to the Struthof Camp to have conferences with the camp Doctors Krieger or Blancke. I do not know if they have done any experiments but, nevertheless, he told no one day that he had received the order to do certain experiments on inmates. He did not tell me which experiments these were and, in any case, he was bound to the secret by the SS command.

On a certain day when I made a general visit of the camp I saw, in an infirmary, ten inmates who had bandages on the arm. It was answered to me that these inmates had been experimented upon (Bichenbach). I asked what were the experiments being done, but he refused to give me any knowledge of them.

I do not know the number of deaths which happened in the camp during my stay. I recognize that the food was insufficient and the climate was very hard and that, on another side, the work which the inmates had to do was very hard.

Question: You have spoken to me before of the conditions in which you have executed the inmates with asphyxiation gas. In case these inmates would not have been killed following the introduction of gas done by you, would you have killed them with a bullet?

Answer: I would have tried to asphyxiate them again by projecting in the chamber a second gas dose. I have not felt any emotion in doing these acts because I had received the order to execute these eighty inmates according to the way I have spoken to you, Anyhow I have been brought up that way.

After having read, he signs “with me and my stenographer." /s/, E.Hertzog, Josef Kramer, Gadin.

I submit Document No. NO-807 as Prosecution Exhibit 185.

THE PRESIDENT: Do I understand, Counsel, that the originals of these photographs are to remain permanently as an exhibit before this Tribunal or are the originals to be returned to somebody?

MR. McHANEY: No sir. These exhibits, the originals which we have received from the French authorities, will be kept as permanent exhibits here.

THE PRESIDENT: I understand also that copies of these exhibits, within a reasonable time, will be furnished to the Tribunal and to the Defendant' Counsel?

MR. McHANEY: This You Honors, completes the presentation for the time an the Jewish skeleton collection as charged against the Defendants Rudolf Brandt and Sievers. Mr. Hardy will continue at this tine with the presentation of evidence dealing with epidemic Jaundice experiments.

MR. HADY: The Prosecution charges in its indictment that the Defendants Karl Brandt, Handloser, Rostock, Schroeder, Gebhardt, Rudolf Brandt, Mrgowsky, Poppendick, Sievers, Rose and Becker-Freyseng are charged with special responsibility for and participation in the epidemic Jaundice experiments. These experiments were conducted at the Sachsenhausen concentration camps for the benefit of the German Armed Forces to investigate the causes of and inoculation against epidemic jaundice. Experimental subjects were deliberately infected with epidemic jaundice, some of whom have died as a result and others were caused great pain and suffering, as set forth in Count 2, Subparagraph 8-h of the in indictment and in Count 3, Paragraph 11, under Crimes Against Humanity.

I respectfully request the Tribunal to turn to Document Book N. 8, page 1. This is Document No. NO-371, which will be offered as Prosecution Exhibit No.186

DR. SERVATIUS: Attorney Servatius far Karl Brandt.

Mr. President, I object to the reading of this affidavit for the same reason for which I have previously protested against the presentation of the affidavit of Brack. In any case, I request that the Defendant Brandt be called as a witness at the proper time in order that he may be interrogated as to the contents of this document. After all, the possibility exists that the Defendant Brandt will not be called to the witness box by his Defense Counsel.

THE PRESIDENT: The objection will be overruled.

MR. HARDY: I shall read the document:

I, Rudolf Emil Hermann Brandt, being duly sworn, depose and state:

1. I am the same Rudolf Brandt who has heretofore sworn to an affidavit on the 30th day of August 1946 concerning low pressure experiments performed on involuntary human beings in the Dachau Concentration Camps and to certain other affidavits concerning medical experiments on involuntary human subjects.

2. For the same reasons set forth in paragraphs 1, 2 and 3 of my affidavit of 30 August 1946, I am able to make this statement concerning experiments performed on human beings.

Experiments to determine the cause of epidemic jaundice (Hepatitis Epidemica).

I might say at this time, from time to time in the documents you will see in lieu of the word "jaundice", "hepatitis", which is the German word for jaundice. On some occasions the translator merely stated "epidemic hepatitis" without translating to "jaundice".

3. About the middle of 1943, Dr. Grawitz, Reichsarzt SS, wrote Himmler that Dr. Karl Brandt wished to obtain prisoners for experimentation on the causes of a jaundice epidemic. He had been doing research on this problem with the assistance of Dr. Dohmen, a medical officer attached to the Army Medical Inspectorate and the Robert Koch Institute. Experiments had thus far disclosed that contagious jaundice is transferred by a virus and human beings were desired for innoculation with germs which had been cultivated in animals. Grawitz advised that death of same of the experimental subjects must be expected. He wanted to know if Dr. Dohmen could be permitted to carry out the experiments at the Sachsenhausen Concentration Camp, as desired by Dr. Karl Brandt.

4. Himmler wrote Grawitz that Dr. Dohmen had his permission to conduct the experiments at Sachsenhausen and for that purpose he had Oswald Pohl of the WVHA allocate a number of prisoners to be used as experimental subjects. I know that these experiments were carried out and that same of the prisoners died as a result.

5. Dr. Eugene Haagen, Oberstabsarzt and consultant in hygiene for the Luftwaffe, had also been doing research work at the Natzweiler Concentration Camp in an effort to discover an effective innoculation against epidemic jaundice As I recall, Dr. Dohmen collaborated with Haagen in 1944 at Natzweiler and experiments on involuntary human beings were conducted which resulted in deaths.

6. These experiments were of course well known to Karl Brandt as he was personally furthering them. Handloser and Schroeder must also have known of them because Dohmen and Haagen wore doctors in the Medical Services of the Army and the Luftwaffe, respectively. Generalarzt Paul Rostock also was well informed on all research work of this nature.

/s/ Rudolf Brandt

I might point out at this time that Dr. Dohmen, being a medical officer attached to the Army Medical Inspectorate at the time of these experiments, which was about the middle of 1943, and at that time the Defendant Handloser was still Chief of the Army Medical Inspectorate and Dohmen was one of his subordinates.

We will turn now to document No. NO-010, which will be offered as Prosecution Exhibit No.187. This is a letter from the Reichs Physician SS Grawitz to Himmler dated 1 June 1943.

Subject: Experiments to determine the cause of Infectious Jaundice.

Reichsfuehrer:

The General Kommissar of the Fuehrer, SS Brigadefuehrer Professor Dr. Brandt, has approached me with request to help him in the research on the causes of infectious jaundice, which has been to a large extent promoted by him, by placing prisoners at his disposal. To date, research has been conducted by a Stabsarzt Dr. Dohmen within the Research laboratory of the Army Medical Inspectorate and with the cooperation of the Robert Koch Institute. In conformity with results obtained by other German scientists, this research led to the discovery that infectious jaundice is not caused by bacteria but by a virus. In order to extend our knowledge, which to date is based only on innoculation of animals with germs taken from human beings, the reverse is now necessary, namely the innoculation of human beings with virus cultures.

Cases of death must be anticipated.

Therapeutic and prophylactic conclusions, in particular, will to a great extent depend on this final experimental step.

Eight prisoners condemned to death, young if possible, are needed in the prison hospital of the concentration camp Sachsenhausen.

I respectfully request your decision, Reichsfuehrer, 1. As to whether I may have the experiments started in the manner described.

2. As to whether the experiments may be conducted in the prison hospital of the concentration camp Sachsenhausen by Stabsarzt Dr. Dohmen himself.

Although Dr. Dohmen is not a member of the SS (he is an SA-Fuehrer and a Party Member), I would recommend an exception in this case in the interest of continuity of the experiments and thus the exactness of the results.

The practical importance of the matter in questions for our troops, especially in Southern Russia, results from the facts that this disease has spread so extensively during the past years, both among us in the Waffen-SS and Police and in the Army, that up to 60% casualties for a period of up to six weeks suffered in some companies. On the other hand, however, this disease generally has had a relatively favorable prognosis when treated quickly and properly. The possibility of a prophylactic innoculation would be of a great tactical importance.

/s/ Grawitz.

We see here in this letter that the esteemed General Commissar of the Fuehrer for Health and Medical Matters is approaching the Office of the Reichstaats-SS to secure prisoners to be put at his disposal for experimentation in human beings, which more closely knits together our conspiracy as we walk along and see the Reichsfuehrer, the Reich Commissar for Health and Sanitation, and we will later see the civilian sector and also the Luftwaffe coming into this program.

We turn now to Document No. NO-011, which we offer as Prosecution Exhibit No.188. This is Himmler's answer to Grawitz's letter of 1 June, dated 16 June 1943:

Subject: Investigation of the cause of the infectious jaundice.

Reference: Yoursof 1 June 1943.

TOP SECRET

Reich Doctor SS and Police Berlin, I acknowledge the receipt of your letter of 1 June 1943.

1. I approve that 8 criminals condemned in Auschwitz (8 Jews of the Polish resistance movement condemned to death) should be used for experiments.

2. I agree that Dr. Dohmen should make these experiments in Sachsenhausen.

3. I agree with your opinion that a real fight against the infectious jaundice would be of unheard value.

/s/ Heinrich Himmler

There is a note on the bottom addressed to "SS-Obergruppenfuehrer POHL, Berlin, - Carbon copy forwarded with request that you will duly note."

The signature is illegible here, signed, just SS-Obersturmbannfuehrer. There is an initial on the document but we have been unable to decipher it.

Next we turn to Document Number NO-137, which is offered as Prosecution Exhibit No.189. This is an application of Professor Dr. Haagen, operating from Strassburg, to the Rector of the Reich University, Strassburg, dated 7 October 1943:

I propose that the Hygienic Institute should be recognized as a Military concern.

The Institute was charged with the following urgent research tasks, important for the war efforts or respectively of military importance:

1.) National Air Ministry (R.L.M.) and Commander-in-Chief Air Force.

Subject: Yellow fever vaccine Order value: 8,000

-- On the side we see the code letters 2IIB which signifies the office Becker-Freyseng of the Luftwaffe, Department for Aviation Medicine, then changed to 2F and then again we see 2IIB.

The second assignment is also from the National Air Ministry (R.L.M.) and C-in-C Air Force, originating from the same office, Becker-Freyseng; the subject, Spotted fever vaccine, appears in the document as an erroneous translation and should be Typhus Fever.

The Third assignment is again another order from the National Air Ministry (R.L.M.) and we see those familiar code letters, 2IIB, Subject Influenza.

4.) The Reich Marshal, (Germann Goering), Reich Research Counsel secret Reich matter - urgency degree DD, Subject: Typhus. Order value: 8,000" Code letters follow and SS degree of urgency.

5.) The Reich Marshal - Reich research counsel - secret Reich matter Subject: Hepatitis epidemica.

This means jaundice, epidemic jaundice. This again has DE degree of urgency and SS degree of urgency.

We turn the page to other assignments, another one from the R.L.M., Subject Yellow fever vaccine, which again originates -- you see the familiar letters 2IIB and also at the end of that line 2F,--the familiar office of Dr. Becker-Freyseng, Order Value 8,000 RM. Then another order from the R.L.M., originating from the same place, Subject: Typhus vaccine, Order value 4,000 RM, proposed 7 October 1943.

Then we go on and we have another entry for influenza and another entry for Typhus, and so on.

This is just to show the strength of the work, the application of Haagen, of what he was doing in the various organizations of his Hygienic Institute in Strassburg and at this time he is now applying to be taken in so that he can have priority rating to obtain sufficient materials to continue his research.

The next document, number NO-299, which Prosecution Exhibit 190, is a letter from Professor Haagen to Dr. Schreiber, who was Chief of the Academy of Military Medicine at Berlin, under the Defendant Handloser. The letter is dated 12 June 1944, addressed to Generalarzt Professor Dr. Schreiber, Academy of Military Medicine, Berlin NW:

Honored Generalarzt:

Enclosed I am sending you my Hepatitis report for further use. at the same time I would like to use this opportunity to renew my invitation to Stabsarzt Dohmen. Since I do not know his present address, may I direct this invitation to you and suggest that Mr. Dohmen be assigned to me for several weeks so that we may discover and possibly work on questions we have in common. This would probably be the quickest way to determine whether we have the same virus or not. 15 July would be a satisfactory date for Dohmen's visit to begin...

Now in that paragraph here is Dohmen who had obviously been working on epidemic jaundice at Strassburg under the directions of the Defendant Karl Brandt and here now is Dr. Haagen, working on the same project at Strassburg University, requesting that Dohmen be assigned to him in order that they may collaborate and join their common task. Here is mention as to whether or not they are using the same virus, which indicates quite conclusively that the virulent virus was used on the inmates during the experimentation period. Next paragraph:

At the same time I should like to approach the subject of your negotiations for mice. My supplies, and particularly my cultures, are so depleted that they absolutely must be rejuvenated and refilled. You told me in Hohenlychen that it is possible for you to secure mice, even in large numbers.

May I ask you to endeavor to secure for me several thousand mice of both sexes, preferably only young animals...

His reference in that paragraph to Hohenlychen is undoubtedly the Conference in May of 1944 --- the yearly medical conference.

Thirdly I would like to ask whether the Hepatitis Research will be carried on in future out of funds of the Reich Research Council? My funds for this branch are now exhausted and I am faced with the question as to whether to apply for further funds to my Medical Chief of the Luftwaffe or to you, I would be grateful to you to be informed about this shortly.

With kindest greetings and compliments, Heil Hitler! Very devotedly yours,

Presumably signed HAAGEN. (This is a letter which was found in Haagen's file and it is customary usually not to sign your file copies.)

We now turn to Document Number NO-300, which is offered as Prosecution Exhibit 191. This is Generalarzt Schreiber's answer to Haagen dated 20 June 1944.

Honored Professors:

Prof. Nauck of the Trepeninstitut in Hamburg has contacted the Reich Research Council with regard to a possible temporary assignment for Prof. Schueffner, formerly of Amsterdam now of Hilversum. One would like to do Prof. Schueffner a good turn and remove him from Hilversum, where he might be harmed through the exigencies of war. It appears that Prof. Schueffner insists that he will leave Holland only if he gets a scientific commission. Prof. Nauck has also spoken a bout your institute in this connection.

I do not know whether Nauck has contacted you personally. I am therefore asking you whether you would have use for Schueffner in the execution of some scientific work and would take him on at your institute. The monetary side of this matter would be taken care of by the Reich Research Council. I would be very grateful to you if you would advise me of your position in this matter as soon as possible.

The association between you and Dohmen has not been established.

I will bring about Dohmen's assignment. The discussion at Breslau brought about some lucidity after all. Mr. Weineck appeared to me to be the paltriest.

With kindest greetings and Heil Hitler! I remain /s/ Schreiber,

Here is Schreiber indicating that the Reich Research Council will fully cooperate with the work of Haagen.

We see now the military side entering into the Haagen picture. We have now the Reich Research Council, the Office of Professor Dr. Karl Brandt, and the man Dohmen coming in. We have the Luftwaffe, all of them, now joining together, the SS included, in this experiment Epidemic Jaundice.

We now turn to Document Number NO-309, which will be offered as Prosecution Exhibit 192, another letter from Haagen to Generalarzt Schreiber, dated 24 June 1944.

Honored Generalarzt.

Many thanks for your friendly letter of 20 June 1944. I am very interested in the matter of our honored Mr. Schueffner. Mr. Nauck asked me quite some time ago whether I could take Mr. Schueffner in as a guest. I declared myself fundamentally agreeable to this and would be very glad if I could offer Mr. Schueffner a place to work.

Mr. Schueffner's interests are so extensive that it should not be difficult for him to find work within the framework of our German war-essential research. In case a subject should be suggested, I should like to propose that Mr. Schueffner work on endemic spyrochaetes exclusive of Syphilis.

Meanwhile Mr. Dohmen has written to me, and I have also personally invited him. I, too, am of the opinion that the discussion at Breslau was extraordinarily challenging to us.

With kindest greetings and compliments, Heil Hitler! Devotedly yours,

(presumably signed Haagen). We now turn to Document NO-124, which will be offered as Prosecution Exhibit 193.

This is a Letter from a gentleman named Gutzeit. Gutzeit was a subordinate to Schreiber in the Chain of command that went up to the defendant Handloser. He was Consulting Physician to the Chief of the Army Medical Service. The letter is addressed to "Dear Colleague Haagen":

I greatly welcome your invitation to Mr. Dohmen. I have requested Generalarzt Schreiber to assign Mr. Dohmen to you as of 15 July, for a limited period of time to begin with. Should the Hepatitis Virus questions appear to require further collaboration, the assignment can be extended. In this connection I have another question, namely: In line with my statements at the joint Hepatitis discussions at Breslau I have tried to make preparations for experiments on human beings. Conditions here at Breslau will shortly be appropriate. Certain precautions, which I will not discuss in writing, will have to be observed however. As you know Dohmen lost all his material in Berlin and renewed animal in inoculations with punctured liver matter also failed because the animals died in transport of a contagious disease. At the moment Dohmen has only frozen material at his disposal. Nevertheless we are going to use this for the above described experiments. Now I wanted to ask you whether you could place some of your virus material at our disposal, which we could then use here in Breslau for simultaneous inoculation experiments with Dohmen's material. I would administer the clinical observations myself, just as I will carry out the preliminary examinations with greatest care. Should you agree, I would advise you promptly if the conditions for inoculations here in Breslau are established.

I have the following further request: the Oberarzt of my clinic and leader of the research group in the East has been working on the causes of war-nephritis. After many experiments with direct transmission of the excretions of nephritis patients to animals, he has been unsuccessful in securing positive results. However, the experiments were not carried out variably and consistently enough, partially because of a lack of the necessary animals. however, it has been possible to bring about changes in some of the eggs with eye and mouth secretions of nephritis patients, which arouses the suspicion that a cultivatable virus is involved, but the question as to whether this is the nephritis virus remains open.

Controlled experiments with material from nephritis patients are still to be made. In order to avoid an endless waste of time and loss of material through accidents, it is my desire that Mr. K. deliver eggs to an experienced virus researcher so that the latter may undertake further identification and cultivation of the material, that is to say he may work on animal contagion, exhibition of elementary bodies, etc. I would be very grateful to you if you would be prepared to take part in this experimentation, and, if your agree, shall instruct K. to make the material available to you in a suitable manner. I would be grateful to you if you would express year opinions with regard to these questions as seen as possible and if you would advise me whether you are prepared to enter into my proposals.

Sincerely, Heil Hitler! Your very devoted Gutzeit.

Mr. K. is obviously Mr. Kalk as we will see in a moment.

We turn now to Document NO-125, Prosecution Exhibit 194. It is a letter from Haagen to Gutzeit. This is dated 27 June 1944:

My dear colleague Gutzeit:

Many thanks for your letter of 24 June 1944. I am glad that Herr Dohmen will come here on 15 July. We shall then review all common Hepatitis question and perhaps also set up the experiments together.

I cannot at present definitely answer your inquiry about human experiments. As you know, I am working with Herr Kalk, Herr Butchner and Herr Zuckschwert. Naturally, I have already arranged with Herr Kalk that we shall undertake that type of experiment with our material. I must therefore first determine the point of view of the others concerned.

I shall be very glad to begin work on the Nephritis material from your Oberstarzt K. With best greetings Heil Hitler Yours Professor Dr. H. Haagen Consulting Hygienist with Luftflettenarzt Reich.

We turn now to Document NO-126, Prosecution Exhibit 195. This is Dr. Haagen sending a copy of a letter to Dr. Kalk, dated the same date, 24 June 1944:

Dear Herr Kalk:

In the enclosure I send you a copy of a letter from Gutzeit and my reply We must proceed as seen as possible with the experiments on human beings. These experiments of course should be carried out in Strassbourg or in its vicinity.

(In the vicinity referring to the nearby Concentration Camp Natzweiler.)

Could you in your official position take the necessary steps to obtain the required experimental subjects? I don't know what wort of subjects Gutzei has at his disposal, whether they are soldiers or other people.

I shall appreciate a prompt reply.

With cordial greetings Heil Hitler!Yours Oberstabarzt Professcr Dr. E. Haagen.

Consulting Hygienist with Luftflettenarzt Reich.

We have here the documentary evidence which shows all the arrangements leading up to the actual experimentation and we have, as we noted in the first document in the book, the words, of Rudolf Brandt stating as a fact that the experiments were carried out and that some of the prisoners died as a result. Obviously, from these documents, Professor Dr. Haagen and Mr. Dohmen and other has also carried out experiments in Sachsenhausen. So we see collaboration in all parts of the German medical world on this particular experiment.

At this time, Your Honors, we are going to jump a bit in the course of the indictment and go to the presentation of the evidence on the extermination of tubercular Poles.

This is Document Book #9.......

JUDGE SEBRING: Counsel, is this all of the testimony you have to offer or all the evidence you have to offer on behalf of the charge epidemic jaundice?

MR. HARDY: That is complete, sir.

THE PRESIDENT: At this time the Tribunal Trill recess for fifteen minutes.

(A recess was taken).